*!iE 



GENERAL LAWS 



OF 



MASSACHUSETTS : 



RELATING TO THE 



CHOICE, POWERS AND DUTIES 



OE 



TOWN OFFICERS. 



A.RRANG-ED UNDER THEIR RESPECTIVE TITLES. 



WORCESTER: 

PUBLISHED BY DORR AND HOWLAN», 

E. Merriam, Printer, 
1824. 



DISTRICT OF MASSACHUSETTS, TO WIT * 

DISTRICT CLERK'S OFFICE. 

BE IT REMEMBERED, that on the ninth day of January, 
A. D. 1324, in the forty eighth Year of the Independence of the 
United States of America, Dorr & Howlao, of the said dis- 
trict, have deposited in this office the title of a book, the right 
whereof they claim as proprietors, in the words following, to wit : 

The General Laws of Massachusetts, relating to the Choice, 
Powers and Duties of Town Officers. Arranged under their re- 
spective titles. 

In conformity to the act of the Congress of the United States, 
entitled, u An act for the encouragement of learning, by securing 
the copies of maps, charts, and books, to the authors and proprie- 
tors of such copies, during the times therein mentioned ;" and also 
to an act entitled, u An Act supplementary to an act, entitled, 
An act for the encouragement of learning, by securing the copies 
of maps, charts, and books, to the authors and proprietors of such 
copies, during the times therein mentioned ; and extending the 
benefits thereof to the arts of designing, engraving and etching his« 
torical and other prints." 

JNO. W. DAVIS, 
Clerk of the District of Massachusetts. 






PREFACE. 



THE object of this work is to facilitate the 
business of those who are entrusted with the muni- 
cipal concerns of towns, by arranging the laws un- 
der the most appropriate titles, so as to be easily 
found and understood by all who may have occasion 
to resort to them. The laws relating to each offi- 
cer are generally placed under the proper title, and 
generally given entire. Whenever a decision has 
occurred in relation to the construction of a particu- 
lar acl, which was considered important, reference 
to it has been had. The militia laws have been in- 
serted not so much on account of their relation to the 
duties of town officers as of their general use, 
January, 1824. 



LIST OF TOWN OFFICERS. 

Clerk, - oath of, in page vii. 

Selectmen, - do. 

Overseers of the poor, if the town think it expedient. 

Assessors, * - oath of, in page vii. 

Treasurer. 

Tythingmen, - - oath of, in page vii. 

Field Drivers, - general oath in page viii. 

Hog Reeves, - - do. 

Surveyors of highways, - do. 

Surveyors of lumber, - do. 

Sealers of leather, - do. 

Constables, - - oath of, in page vii. 

Collectors of taxes, - oath of, in page viii. 

Measurers of wood and bark, &c. may be appointed 
by selectmen if the town shall so vote. 

Fire Wards — may be appointed at any meeting. 

Health Committee, do. do. 

Sealers of weights and measures — appointed by select- 
men. 



As 



Vll 



— — OATHS. 

CLERK. 

OATH You swear, that in the office of clerk to which 

you are chosen, you will truly record all votes passed in all town 
meetings during the year, and until another clerk shall be cho- 
sen and sworn, and also faithfully to discharge all the other du- 
ties of your office. So help you GOD, 

SELECTMEN. 

OATH. — You do severally swear, that you will faithful- 
ly and impartially discharge the duties of the office of Selectman 
to which you have been elected, respecting all elections and the 
returns thereof. So help you GOD. 

ASSESSORS. 

OATH. — You A. B. one of the assessors for the 
A Cm for the year ensuing, do swear, that you will, proceed 
equally and impartially, according to your best skill and judg- 
ment, in assessing and apportioning all such rates and taxes as 
you may, according to law, be directed to assess and apportion 
during that time. So help you GOD. 

TYTHINGMEN. 

OATH. — You being chosen a Tythingman, for the town of 
, for the year ensuing, and until another shall be 
chosen in your room, do solemnly swear, that you will diligently 
attend to, and faithfully execute the duties of the said office,, 
without partiality, and according to your best discretion and 
judgment. £0 help you GOD. 

CONSTABLES. 

OATH. — Whereas you, A. B. are chosen constable with= 
in the town of C. for one year now following,.and until another be 
chosen and sworn in your place, do swear, that you will carefully 
intend the preservation of the peace, the discovery and prevent- 
ing all attempts against the same ; that you will duly execute all 
warrants which shall be sent unto you from lawfulauthority, and 



viii OATHS. 

faithfully attend all such directions in the laws and orders of 
court, as are or shall be committed to your care ; that you will 
faithfully and with what speed you can, collect and levy all such 
fines, distresses, rates assessments, and sums of money, for which 
you shall have sufficient warrants according to law ; rendering an 
account thereof, and paying the same according to the direction in 
your warrant ; and with like faithfulness, speed and diligence, 
you will serve all writs, executions and distresses in private 
causes betwixt party and party, and make return thereof duly in 
the same court where they are returnable ; and in all these things 
you shall deal faithfully whilst you shall be in office, without any 
sinister respects of favour or displeasure. So help you God. 

COLLECTORS. 

OATH. — -You, A. B. being appointed a Collector of taxes 
within the of for one year next following, do swear, 

that you will levy and collect, with what speed ydu can, all such 
rates and assessments, for which you shall have sufficient warrants 
according to law : rendering an account thereof, and paying the 
same, according to the direction in your warrant. So help you 
GOD. 

OTHER TOWN OFFICERS- 

OATH. — You swear, that you will, from time to time, dili- 
gently and faithfully discharge and execute the office of — ■ ■ 
within the limits whereto you are appointed for the ensuing year, 
and until another be chosen in your place ; and that in and by all 
the particulars mentioned in the laws whereto your office hath re- 
lation ; and that you will do therein impartially according to law, 
without fear or favour. So help you GOD. 

Note. The oath to the Clerk may be administered by the 
Moderator if no Justice of the Peace is present. Other officers to 
be sworn by the Clerk or Justice of the Peace. 



CSte 



ASSESSORS, 

Page 
To be chosen annually, - 1 

To be sworn, - - 5 

Duty of, £, 7 to 11 

Warrant to collectors, - 5 

Certificate of assessment, ... „ 7 

AUCTIONEERS, 

How appointed, ---.'..- 15, 16- to 18 

To give bond, » - - 13 

To account under oath every quarter to the trea- 
surer of the Commonwealth, - - 13, 14 
Duty on sales, - ----- 12 

May not sell his own goods in the night, 16 

COLLECTORS OF TAXES, 

Oath of collectors, - £8 

Do. of constables, - - £7 

Distress of goods, &c. - - £0 — 30 

body, £0— £5 

May collect in cases of removal wherever found, £1 

May sell land in cases of the removal of the owner 

from the town, - - - - £1 

How to proceed in regard to non-resident lands, ££ — £4—31 

— in regard to tenants, - £6, £7 

In what cases may sue, - - - £9 

Evidence of sales perpetuated, 31 

Treasurer may be chosen collector, - S£ 

CLERKS, 

How appointed, - - - 37 

Duty and power of, ... - 37 

To preside during the election of moderator, - 39 

Duty in choosing frtate officers, 39 

May swear commissioners, &c. 39 

To publish intentions, of marriage, 40, 



x INDEX. 

CLERKS, (continued.) 

Page 
To record births and deaths, - 43 
Duty in regard to lost goods and stray beasts, - 44 
To summon witnesses, - - - 47 
To read certain laws, - - - - 47 
Their fees, .... - 5£ 
oath, - - - - 53 

COMMISSIONERS OF SEWERS, 54 

DISTRICTS, 57 

ENGINE MEN, 

Appointment of, - ... 58. £09 

Exempt from military duty, - - - 60. £10 
How exempt from serving as jurors, &c. 60. £10. £1£ 

FENCE VIEWERS, 

Oath of, 53 

Fees of, - 66 

To determine on sufficiency of fences, - 6£. 75. 

Fences of common fields, = 66 

FERRYMEN, 76 

FIELD DRIVERS, 78 

Their power and duty, - 79 to 84 

FIREWARDS, 84 

HEALTH COMMITTEES, 89 

HOG-REEVES, 94 

Proceedings in impounding, - - - 98 

MEASURERS OF WOOD, BARK, &c> 99 

MILITIA, 102 

MODERATOR, 149 
OVERSEERS, 

Of poor, - - - - - 155 

— — , appointment and duty of, - - - 1 55 

— , when selectmen to be, - - - 155 

Of houses of correction, - - - - 17£ 

Of work houses, duty of, ~ - - 169. £8£ 



INDEX, xi 

Page 
PARISH AND PARISH OFFICERS, 174 

Meetings how notified, - - 174 

Qualification of voters, 175 

Clerk to preside, - - - 175 

Officers how chosen, &c. - . . \Y5 

May raise money for support of sacred music, - 179 

Support of public worship, - 179 

PROPRIETORS, 

Of common and general fields, ... 184 

Of social libraries, - 185 

SCHOOLS, 186 

Support of, - - - - -188 

Penalty (or neglect, - - . ■- 199 

Visitors of, ----- 191 

SCHOOL DISTRICTS, 

Powers of, 193. 195, 196 

Limits of, - - - - 197 

Members of, when witnesses, - 197 

How to assess and collect taxes, - 193. 195. 196 

Site of school houses, how fixed, - - 193. 195 

SCHOOLMASTERS, 

Examination, &c. - - 188. 190. 192 

SELECTMEN, 1S8 

When to be assessors and overseers of poor, - 199 

Oath of, - - - - - 199 

To call meetings and preside at election of Repre- 
sentatives, &c. - 200. 202 
To publish list of voters, - - 207. 276. 203 
To make returns, - - . - 200 
To appoint measurers of wood, fyc. - - 209 

sealers of weights and measures, - 209 

engine men, - - - . 209 

watch and ward, - - 212 

To approve applicants for license, - 216 

— return list of licensed persons, - 215 

To post common drunkards, - - 224. 226 

When may bind out children, ... 227 

To certify as to idiots, &c. - 227 



in INDEX, 

SELECTMEN, (continued.) 

Page 

May lay out highways, &c. - £30 

Duty in regard to schools, - - . £33 

» - ■ contagious diseases, - - £32 

— — — guide posts, - - £3£ 

-jurors, - £34 

To perambulate town lines, - £29 

SEALERS, 

Ofleather, - - - - £41 

Of weights and measures, - - £42 

SURVEYORS OF HIGHWAYS, 250 

Their duty, - - - - £51 
To pay money remaining in their hands to the trea- 
surer, - - - - - £62 
Penalty for neglecting to render an account of all 

monies expended, - ... £62 

SURVEYORS OF PRIVATE WAYS, 264 

SURVEYORS OF LUMBER, 266 

TOWNS, 274 

Of the manner of calling meetings, - - 274 
Of the qualification of voters, - - - 276 
Lists to be made by collectors and delivered to se- 
lectmen, - - 276 
Qualification of voters for Governor, &c. - 278 
Town officers, when chosen and qualified, - 279 
Towns may grant money, - - - - 281 
• ' may appoint agents to prosecute, &c. - 281 
■ ■ may provide work houses, - 282 

* hospitals for small pox, &c. - - 288 

— may make bye-laws to restrain cattle, &c. 291 

"" ■■ ■ to provide for paupers, - 291 

TREASURERS, 292 

TYTH1NGMEN, 296 

Oath of, 299 

To enter and inspect public houses on the sabbath, 299 

Duty in regard to public houses, - - &2S 



THE LAWS OF 



MASSACHUSETTS. 



RELATING TO THE CHOICE, POWERS AND 
DUTIES OF TOWN OFFICERS. 



ASSESSORS, 

An Act for the choice and appointment of Assessors, and 
for assigning their powers and authority, 

IN the month of March, (or April) annually, at 
the same meeting when other town and district officers 
are chosen by the respective towns and districts in this 
Commonwealth, there shall be chosen, by the qualified 
voters then present and voting, or the major part of them, 
three, five, seven or nine meet persons, to be Assessors of 
all such rates and taxes as the General Court shall order 
and appoint such town or district to pay, towards the 
charges of the Government, within the space of one year 
from the choice of such Assessors, unless the warrant for 
the assessment shall not be by them received before the 
first day of March succeeding : and in case of its being 
received afterwards, it shall be delivered to their succes- 
sors in office, who shall be under the same obligations to 
make the assessment as their predecessors would have 
been under if they had seasonably received the same, who 
shall also be the Assessors of county, town and district 
taxes ; and each Assessor so chosen shall, within the 
space of seven days next after being notified thereof, be 
sworn before a Justice of the Peace or before the town or 
district clerk, to the faithful discharge of his dutv, in the 
1 



£ ASSESSORS. 

form hereafter prescribed ; and the Assessors so chosen 
and sworn, shall assess the polls of, and estates within 
such town or district, their due proportion of an y tax, ac- 
cording to the rules set down in the Act for raising the 
same, and make perfect lists thereof under their hands or 
the hands of the major part of them, and commit the same 
to the constable or constables, collector or collectors of 
their town or district, if any there be, otherwise to the 
sheriff, or his deputy, with a warrant under their hands 
and seals, in the form herein after directed, and return a 
certificate thereof to the treasurer or receiver-general of 
this Commonwealth, for the time being, with the name of 
the constable or constables, collector or collectors, sheriff 
or his deputy, to whom they shall have committed the 
same assessment, with a warrant as aforesaid to collect; 
and the said Assessors shall also have their assessment 
recorded in the town or district book, or leave an exact 
eopy thereof, by them signed, with the town or district 
elerk,or file such copy in the Assessor's office, where any 
such is kept, before the same shall be committed to a con- 
stable or collector, the sheriff* or his deputy, to collect, and 
at the same time shall lodge in the said clerk's office the 
invoice or valuation, or a copy thereof, from whence the 
rates or assessments are made, that the inhabitants, or 
others rated, may inspect the same ; and if any Assessor, 
after being chosen and notified to take the oath of aa As- 
sessor in the way and manner other town officers are no- 
tified and summoned, shall neglect to appear, or appearing 
shall refuse to be sworn, he shall forfeit and pay the sum 
of Five Pounds for the use of the poor of the town or dis- 
trict respectively, to be recovered by their respective 
Treasurers before the Court of General Sessions of the 
Peace for the county in which such town or district lies, by 
complaint, which for substance shall be as follows: 

TO the Justices of the Court of General Sessions of the 
Peace for the county of to be held at 

within and for the county aforesaid, on the 
Tuesday of next* Complains A. B. Treas- 

urer of the of that C. D. of [addition] 
on the day of last, was duly and legally chos- 
en by the qualified voters of the said to serve 
as an Assessor thereof, and that the said C. D. was 
notified to take the oath of that office as the law di- 



ASSESSORS. - C> 

rects ; yet the said C. D. has, for the space of seven 
days after being notified as aforesaid, neglected and 
still neglects to take the said oath, whereby he hath 
forfeited the sum of Five Pounds for the use of the, 
poor of the said wherefore your complainant 

prays that a warrant of distress may be issued against 
the* said C. B. for the forfeiture aforesaid, in form 
and manner as the law directs. Dated at the 
day of Anno Domini, 178 

Ji. 7J. Treasurer. 
And the same form, mutatts mutandis, may be used iu 
the recovery of any penalty which may be incurred by any 
person chosen as a town, district, plantation, parish or 
precinct officer, who shall neglect to take the oath of office 
as required by law; and the Selectmen of every such 
town or district, when any one or more of the Assessor* 
so chosen shall refuse as aforesaid, shall forthwith, after 
notice thereof, summon a meeting of the qualified voters 
of such town or district, to choose an Assessor or Asses- 
sors in the rcom of such Assessor or Assessors so refus- 
ing ; which voters, so assembled, shall accordingly cho:>se> 
so many Assessors as shall be wanting to complete the 
number which the town or district, at the time of the first 
choice, voted should be elected. 

Provided always, That it shall be in the power of the 
Court of General Sessions of the Peace, for the same 
county, upon reasonable excuse* made to them by any As- 
sessor that shall refuse to accept as aforesaid, to remit, if 
they see cause, the penalty aforesaid. 

Sfxt. 2. If any town or district shall not choose As- 
sessors as aforesaid, or if so many of them so chosen shall 
refuse to accept, as that there shall not be such a number 
of them as any town or district shall vote to be the Assessors 
thereof, then the Selectmen of such town or district shall 
be and hereby are declared and appointed the Assessors 
thereof; and every one of them shall be duly sworn to the 
discharge of the trust ; and each Assessor shall be paid 
out of the town or district treasury four shillings for each 
whole day he shall be necessarily employed in that ser- 
vice. 

Sect. 3. If any town or district shall neglect to make 
choice of Selectmen or Assessors, the said default being 
made known unto the. Court of General Sessions of the 



4 ASSESSORS. 

Peace within t\\e same county, such town or district shall 
forfeit and pay a sum not exceeding one hundred pounds 
nor less than thirty pounds, as the Court of Sessions shall 
order, for the use of this Commonwealth ; and in such 
case, as also where neither the Selectmen nor Assessors 
chosen by any town or district shall accept the trust, or 
having accepted the trust shall not perform their duty, the 
Court of General Sessions of the Peace in the same coun- 
ty, shall be and hereby are empowered to nominate and 
appoint three or more sufficient freeholders within such 
county, to be Assessors of the rates- or taxes in such town 
or district as aforesaid, which Assessors, so appointed, af- 
ter being duly sworn, shall assess the polls and estates 
wiihin such town or district their due proportion to any 
lax, according to the rules set down in the Act for rais- 
ing the same, together with the aforesaid penalty, where 
the town or district makes default as aforesaid, and such 
additional sum as shall answer their own reasonable 
charges for time and expense in the said service, not. ex- 
ceed! rig Ten Shillings per day for each man so employed; 
«:ncl having made such assessment, shall issue a warrant 
imd' * their hands and seals for collecting the same, and 
transmit a certificate thereof to the Treasurer, with the 
name of the Constable, Collector, Sheriff, or his deputy, 
to whom they shall commit the same to be collected ; and 
such Assessors shall be paid their charges as abovesaid, 
the same being adjusted and certified by two or more Jus- 
tices of the Court by whom they were appointed Assessors., 
under their hands, out of the public treasury, by warrant 
from the Governor, with the advice and consent of Coun- 
cil. 

Skct. 4. All Assessors chosen or appointed as aforesaid 
glial) duly observe all such warrants as during the time of 
their office they shall receive from the Treasurer or Re- 
ceiver-General, pursuant to an Act or Acts made and 
passed by the General Court of this Commonwealth, for 
the assessing and apportioning any rate or tax upon the 
inhabitants or estates within the town or district whereof 
they are Assessors, on pain that the Assessors of any 
town or district, failing of their duty required by such 
warrant of the Treasurer, shall forfeit and pay the full 
sum in such warrant mentioned, to be by them assessed, 
to (lie use of the Commonwealth, which shall be levied by 



ASSESSORS. 5 

distress and sale of the estates, real and personal, of such 
deficient Assessors, by warrant from the Treasurer, di- 
rected to the Sheriff of" the county, or his deputy, in which 
such town or district lies ; and the Treasurer is hereby 
authorized and required in such case ex officio, to issue 
his u warrant requiring the Sheriff, or his deputy, to levy 
the said sums accordingly, and for want of estate to take 
the bodies of such deficient Assessors, and imprison them 
until they pay the same ; which warrant the Sheriff, or 
his deputy, is hereby empowered and required to execute 
accordingly ; and the Court of General Sessions of the 
Peace in the county where such deficient Assessors dwell, 
shall be and hereby are directed and empowered forth- 
with to appoint other meet persons to be Assessors of such 
rates or taxes, according to the directions contained in the 
Treasurer's warrant issued unto the former Assessors ; 
and the Assessors who shall be so appointed, shall take 
the oath and perform the same duties, and be liable to the 
same penalties as the former Assessors. 

Sect. 5. The oath to be administered to the Assessors, 
chosen or appointed as this Act prescribes, shall be in the 
form following : 

YOU A. B. one of the Assessors for the of (?. 

for the year ensuing, do swear, that you will proceed 
equally and impartially, according to your best skill 
znd judgment, in assessing and apportioning all such 
rates and taxes as you may, according to law, be di- 
rected to assess and apportion during that time. So 
help you GOD. 
Sect. 6. The warrant to be issued by the Selectmen 
or Assessors, for the collecting and gathering in of the 
state rates or assessments, shall be in substance as fol- 
lows : 

ss. To A. B. Constable cr Collectors of the town 
( SEAL.) of A, within the county of S. 

Greeting.. 

IN the name of the Commonwealth of 'Massachusetts, 

you are required to levy and collect of the several persons 

named in the list herewith committed unto you, each one, 

his respective proportion, therein set down, of the sum 

f* 



G ASSESSORS. 

total of such lists, it being this fc$wn*a proportion 

of a tax or assessment of Founds Shillings 

and Pence, granted and agreed upon by the Gen- 

eral Court of said Commonwealth, at their session, be- 
gun and held at /?♦ on the day of for 
defraying the necessary charges of securing, protecting 
and defending the same ; and you are to transmit and pay 
in the same to T. 1. treasurer and receiver-general of 
this Commonwealth, or to his successor in that office, and 
to complete and make up an account of your collections 
of the whole sum, on or before the " day of ; 
and if any person shall refuse or neglect to pay 
the sum he is assessed in the said list, to distrain the goods 
or chattel* of such person to the value thereof : and the 
distress so taken, to keep for the space of four days, at the 
cost and charge of the owner ; and if he shall not pay 
the sum so assessed within the said four days, then you 
are to sell at public vendue the distress so taken, for the 
payment thereof, with charges ; first giving forty -eight 
hours' notice of such sale, by posting up advertisements 
thereof in some public place in the town, district or plan- 
tation (as the case may be ;) and the overplus arising by 
such sale, if any there be, besides the sum assessed, and 
the necessary charges of taking and keeping the distress, 
you are immediately to restore to the owner ; and for 
want of goods or chattels, whereon to make distress (be- 
sides tools or implements necessary for bis trade or occu- 
pation, beasts of the plough necessary far the cultivation 
<>fhis improved lands, arms, utensils for house-keeping 
necessary for upholding life, bedding and apparel neces- 
sary ktv himself and family) for the space of twelve days, 
yo-j are t:> take the body of such person, so refusing or 
neglecting, a&d him commit unto the common gaol of the 
county, there to remain until he pay the same, or such 
part thereof as shall not be abatedlby the Assessors, for the 
time being;, or the Court of General Sessions of the Peace, 
for the said county. 

Given under our hands and seals, by virtue of a war- 
rant from the Treasurer aforesaid, this day of 
178 . 

V i) i A ssessors * 



ASSESSORS. 



And the certificate of the assessment of any state tax shall 
be in substance as follows : 

PURSUANT to a warrant from the Treasurer of the 
Commonwealth of Massachusetts, dated 1he day 

of Anno Domini . We have assessed 

the polls and estates of the of the sum of 

and have committed lists thereof to the of 

said viz. to with warrants in due form 

of law, for collecting and paying in the same to 
Treasurer of said Commonwealth, or his successor in of- 
fice, on or before the day of next ensuing. 
In witness whereof, we have hereunto set our hands at 

this day of Anno Domini 

P n r Assessors. 

Sect. 7. The warrant to be issued for collecting coun- 
iy, town, district, plantation, precinct or parish rates or 
assessments, shall also be made out by the Assessors 
thereof in the same tenor, mutatis mutandis. 

Sect. 8. All county, town, district, precinct, plantation 
and parish rates and taxes, shall be assessed and appor- 
tioned by the assessors of the several towns, districts, 
plantations, precincts and parishes within this Common- 
wealth, upon the polls of, and estates within the same, 
according to the rules that shall from time to time be pre- 
scribed and set, in and by the then last tax -act of the Gener- 
al Court ; and such assessors shall cause attested copies 
of such assessments and valuations to be lodged in the 
Clerk's office of the place where the same are made, or 
lile the same in their own office, if any such they have. 

Sect. 9. The Assessors of each town, district, planta- 
tion, precinct and parish respectively, in convenient time 
before they proceed to make any assessment, shall give 
seasonable warning to the inhabitants, at any of their re- 
spective meetings, or by posting up notifications in some 
public place in said town, district, plantation, precinct or 
parish, as the case may be, or notify the respective inhab- 
itants in sone other way, to make and bri ig in to them, 
the said Assessors, true and perfect lists of their polls, 
and of all their estates, both real and personal (saving such 
estate as is or may by law, from time to time, be exempt- 



8 ASSESSORS. 

ed from taxation) which they were possessed of, at 'such 
periods as the General Court may from time to time order 
and direct; and it any person or persons shall not bring 
in a list of their estates, as aforesaid, to the Assessors, hey 
she, or they so-neglecting or refusing, shall not be admit- 
ted to make application to the Court of General Sessions 
of the Peace, for any abatement of the assessment so laid 
on him, her or them ; unless such person or persons shall 
make it to appear to the said Court, that it was not within 
the power of him, her, or them, to deliver to the Asses- 
sors, respectively, a list of his, her or their rateable estate., 
at the time appointed for that purpose. And if the Assessors 
suspect any falsehood in the list to them presented, of 
polls or estates, as aforesaid, then the said Assessors, or 
either of them, shall require the person presenting such 
list, to make solemn oath that the same is true, which 
oath the Assessors, or either of them, are hereby empow- 
ered to administer ; and such list being exhibited on oath, 
shall be a rule for that person's proportion of the tax, who 
presented the same, which the Assessors may not exceed, 
unless they shall discover any error therein; in which 
case, the Assessors are hereby authorized and directed to 
assess such articles as appear to be kept back. 

Sect. 10. If any person or persons shall, at any time/ 
be aggrieved at the sum or sums set and apportioned upon 
him or them, by the Assessors of any town, district, plan- 
tation or parish, and shall make it appear unta the Asses- 
sors, for the time being, of such town, district, plantation or 
parish, that he or they are rated more than his or their 
proportion, according to the rules given in the act or 
acts of the General Court, for making the said assess- 
ment, in such case the said Assessors, for the time being/ 
shall make a reasonable abatement to the person or persons 
so aggrieved ; and if they shall refuse so to do, such per- 
son or persons complaining, in writing, unto the next 
Court of General Sessions of the Peace, within that coun- 
ty, and making it appear that he or they are overrated as 
abovesaid, he or they shall be relieved by the said Court, 
and shall be reimbursed out of the treasury of the town, 
district, plantation or parish where such assessment was 
made, so much as the said Court or Assessors respective- 
ly shall see cause to abate him or them, with the charges ; 
and the said Court of General Sessions of the Peace are 



ASSESSORS. 9 

empowered, on such complaint being made, to require 
\he Assessors or Clerk to produce the valuation by which 
the assessment is made, or a copy thereof. 

Sect. 11. The Assessors for any town, district, plan- 
tation, precinct or parish, from time to time may, and are 
hereby authorized and empowered to apportion on the 
polls and estates, according to law, such additional sum 
over and above the precise sum to them committed to as- 
sess, as any fractional divisions of such precise sum may 
render convenient in the apportionment thereof; not ex- 
ceeding five per centum on the sum taxed : Provided the 
whole excess shall in no case amount to more than the 
sum of Forty Pounds, the surplus sum shall be paid into 
the treasury of such town, district, plantation, precinct or 
parish, and shall be subject to the order and disposal of 
such town, plantation, precinct, district or parish ; and it 
shall be the duty of such Assessors, to certify such town, 
district, plantation, precinct or parish Treasurer thereof. 

Sect. 12. All plantations which shall, from time to 
time, be ordered by the General Court to pay any part or 
proportion of the public taxes, shall be and they hereby are 
fully vested wilh all the powers that towns in this Com- 
monwealth by law are, so far as relates to the choice of 
Assessors of taxes ; and any person who shall be chosen 
to the office of an Assessor of taxes, in any of the afore- 
said plantations, and shall refuse ta accept of the office to 
which he shall have been elected, or neglect to take the 
oath by law required to be taken by Assessors of taxes in 
towns, shall be liable to the same penalties, to be recover- 
ed in the same way and manner, as by this Act is provided 
in the case of Assessors refusing to accept such office, 
when chosen by towns. 

Sect. 13. If any of the plantations aforesaid shall neg- 
lect to choose Assessors as aforesaid, or it xhe Assessors 
chosen by any such plantation, and accepting such trust 
shall be remiss or neglect their duty ; in every such case, 
such plantation shall be subject to the same penalties and 
be proceeded with in the same manner as by this Act is 
provided, in the case of deficient towns ; and such defi- 
cient Assessors shall be and hereby are made liable to the 
same penalties, to be recovered by the same process as by 
this Act is provided, in the case of deficient Assessors 
chosen bv towns. 



10 ASSESSORS. 

And whereas, the county tax may often be so small' as 
that it would be inconvenient to make a separate list of 
each person's proportion of it : 

Seot. 14. In such case it shall and maybe lawful for 
the Assessors of any town, district or plantation, to add 
their proportion of the county tax to any of their other 
taxes, and make out warrants and certificates accor- 
dingly. 

Sect. 15. In the month of March, annually, at the time 
other precinct and parish officers are chosen by the respec- 
tive precincts and parishes in this Commonwealth, there 
shall be chosen, by the qualified voters then present and 
voting, or the major part or them, three or five meet per- 
sons,, to be Assessors of all such rates and taxes as shall 
be agreed upon and granted by their respective precincts 
and parishes at their meetings regularly warned for that 
purpose, who shall be sworn to the faithful discharge of 
their trust in the form before prescribed in this Act. 

Sect. 16. Where- any warrant by virtue of this Act 
is to be directed to the Sheriff of any county or his deputy, 
and the person, or any one of the persons against whom 
such warrant maybe granted, shall be a Sheriff or De- 
puty-Sheriff for such county, in such case the warrant 
shall be directed to and served by a Coroner of the same 
county. 

[This Act passed February 20, 1786.] 

BY the statuteof 1T99, chap. 83, Assessors may 
issue new warrants in case of the accidental loss of origi- 
nals. 



ASSESSMENT OF TAXES. 
1. To whom and in what town to be Assessed*, 
%*. Of the manner of Assessing Taxes. 



ASSESSORS. 11 



I . To whom and in what town to he Assessed. 

MANUFACTURING corporations are not liable 
to be taxed for the personal stock employed by them, in 
the towns where their manufactories are established. 17 
Mass. Rep. 461. 

By the court. The general rule in regard to public tax- 
es is, that every person liable to be taxed, is to be assessed 
for his personal property, in the town, of which he is an 
inhabitant. 

The clause inserted in the annual tax act since 1814, 
that "goods, stock in trade, including stock employed in 
manufactories, &c, shall be taxed therefor, in such towns, 
&c. and not where the owners dwell or have their home ;" 
cannot be construed to make such members of manufactur- 
ing corporations, as do not live or transact their business 
in the towns where the manufactory is established, liable 
to be assessed in such towns, for their shares in such man- 
ufactories. Only intending that persons holding such 
stock were to be taxed for it, as for their other stock in 
trade. 

2. Of the manner of Assessing Taxes. 

AN assessment will be erroneous, if property be 
omitted in the valuation which ought to be assessed ; or 
if property be charged to an individual for which he is not 
liable. 10 Mass. Rep. 105. 

In assessing improved lands, it is not necessary, in in- 
voices or tax-lists, to specify the number of acres ; but it 
is sufficient to state the value of the lands. 1 1 Mass. Rep. 
477. 

PARISH ASSESSORS. 

ASSESSORS of parishes must make a list and 
valuation of the taxable property, before assessing a tax, 
or the assessment will be illegal and void. 3 Mass. 
Rep. 429. 

Parishes have no authority to grant monies, except for 
settling ministers and building houses for public worship 



n AUCTIONEERS. 

and for the charges arising from, and necessarily connect- 
ed with these objects. 1 Mass. Rep. 181. 

The real estate of manufacturing corporations is liable 
to be assessed in parish taxes. 17 Mass. Rep. 5S. 

The vote of a town to erect a meeting-house cannot bind 
those who may choose to avail themselves of the privi- 
leges of the statute of 1811, c. 6. But if the money is 
granted before the filing of the certificate, the case may 
be otherwise. 17 Mass. Rep. 347. 



AUCTIONEERS. 

Jin Act imposing a Duty on Sales at Auction. 

ALL real and personal estate, which shall at any 
time be exposed to sale at public auction, or vendue, with- 
in this Commonwealth, from and after the first day of 
April next, by any Auctioneer, or other person, duly au- 
thorized to sell real and personal estate at auction or ven- 
due, excepting all such real and personal estate as shall 
be sold by order of law ; and all stock in banks, insur- 
ance companies, and the public funds, shall be subject to 
the following duties, each and every time such real or 
personal estate may be struck off, sold, or bought in, to 
wit : — All personal estate, excepting ships and vessels, 
one dollar for every hundred dollars of the value for which 
the same shall be sold : and all real estate, ships and ves- 
sels, at fifty cents for every hundred dollars of the value 
for which the same shall be sold ; and at and after the 
same rate, tor any greater or less sum, to be paid by the 
person who shall so sell the same. And in all cases where 
the Auctioneer, or the owner of such goods so exposed to 
sale, or any person who shall be employed by them, or 
either of them, shall be the highest bidder, the said real or 
personal estate shall be subject to the payment of the 
same duties as if they had been sold to any other person. 
Sect. 2. If any person not licensed and qualified, ac- 
cording to the laws of this Commonwealth, and the provi- 
sions of this act, shall sell, or attempt to sell, any real or 



AUCTIONEERS. J 3 

personal estate whatsoever, by way of public auction or 
vendue, within this Commonwealth, he shall be considered 
o-uilty of a misdemeanor, and shall, on conviction, be fin- 
ed iu a sum not exceeding five hundred dollars, for each 
and every oftence, at the discretion of the court before 
whom such conviction shall take place. 

Sect. 3. Each Auctioneer shalT, on or before t\\e first 
day of April next, give a bond, in a reasonable penally, 
with two sufficient sureties to the Treasurer of this Com- 
monwealth, and his successor in office, conditioned 
for the payment of the duties herein before mentioned, to 
the Treasurer of this Commonwealth, and also that he 
shall, in all things, well and truly conduct and conform, 
himself, according to the true intent and meaning of this 
act ; which bonds shall be taken by persons who granted 
the license, and be by them duly transmitted to the Treas- 
urer of this Commonwealth, with an endorsement of their 
approval thereon. And all Auctioneers who shall hereaf- 
ter be appointed, before they sell, or attempt to sell, any 
real or personal property, shall give bonds, to be approved 
and transmitted as aforesaid, by the authority granting 
the license. And if any person, from and after the first 
day of April next, shall sell any real or personal estate, 
bv wav of public auction, without having given bond as 
aforesaid, he shall forfeit the sum of five hundred dollars, 
for every time he shall so sell without giving bond, to be 
recovered by any person who shall sue for the same ; one 
moiety thereof to the person who shall sue therefor, and 
the other moiety to the use of the Commonwealth. 

Sect. 4. Every Auctioneer, who shall sell any real or 
personal estate, described in this act, by way of public 
auction, from and after the first day of April next, shall, 
on the first days of April, July, October and January, next 
after any such sales shall be made, or as soon afterwards 
as may be, not exceeding thirty days, render to the Trea- 
surer of this Commonwealth; a true and particular account 
in writing, of the monies or sum for which any and all re- 
al or personal estate shall have been sold, carefully dis- 
tinguishing between sales of real and personal estate, and 
between sales whereby the whole of any real or personal 
estate sent, entrusted or consigned to* such 'Auctioneer, 
has been actually sold at public auction, and other sales, 
whereby some part or parcel thereof has been sold at pub- 



14 AUCTIONEERS. 

lie auction, with the design and effect to ascertain and 
fix a price for the whole or an y other part thereof, at ev- 
ery sale at auction by him made, from and after the said 
first day of April next, or from the time that the last ac- 
count was rendered by him, in conformity to this act. 
And every such account shall have endorsed thereon, the 
following oath or affirmation, substantially in the form 
following, to wit : — I do solemnly and sin- 

cerely swear, (or affirm) that the account to which I have 
subscribed my name, contains a just and true statement 
of the amount of all the real and personal estate, sold or 
struck off by me at public sale, or sold by me at private 
sale, on commission, or whereof any part or parcel has 
been sold or struck off* by me at public sale, with the de- 
sign and effect to ascertain and fix a price for the whole 
or any other part thereof, subject to duty, pursuant to the 
act, entitled " an act imposing a duty on sales at auction," 
within the time mentioned in said account; and that I 
have carefully examined all entries and memoranda of 
sales made by me at auction and at private sale, on com- 
mission, within the time mentioned in said account, and 
that this account exhibits the whole amount thereof, lia- 
ble to pay a duty, pursuant to the act aforesaid, according 
to my best knowledge, information and belief. And the 
Auctioneer who subscribes the account, shall also sub- 
scribe the foregoing oath or affirmation, and make oath or 
affirmation thereto, before some Justice of the Peace ; 
and the said Justice shall certify the same. And every 
Auctioneer shall, upon rendering such account, so au- 
thenticated, pay the amount of duty upon such account 
of sales, into the treasury of the Commonwealth. And 
every Auctioneer shall receive as a compensation, two 
and a half per cent, on all the duties he shall so pay into 
the treasury. \ 

Segt. 5. No person whosoever shall, on the day of any 
sale at public auction, dispose of, at private sale, any of 
the property which has been advertised or exposed to sale 
at public auction, and which, if sold at public auction 
would be liable to the duty imposed by this act, under the 
penalty of one thousand dollars, to be recovered by any 
person who shall sue for the same ; one moiety thereof 
when recovered, to such person's use, and the other moi- 
ety to the use of the Commonwealth. And all sales 



AUCTIONEERS. 15 

at auction, of any part or parcel of any real or personal 
estate sent, entrusted or consigned to an Auctioneer, for 
sale, with the design and effect to ascertain and fix a 
price for the whole, or for any other part thereof, without 
exposing the whole, or such other part, to public sale, 
shall be deemed and taken to be sales at auction, within 
the meaning of this act, to the whole amount ©f the real 
or personal estate so sent, entrusted or consigned, as 
aforesaid, and whereof the sale is so effected, whether 
the same be conducted and effected by the Auctioneers, 
or by any person or persons acting as a Commission 
Merchant, Factor, or Agent, or by the owner or owners 
thereof. And the whole amount of such real or person- 
al estate shall be returned by said Auctioneer, in his ac- 
counts to the Treasurer of this Commonwealth, in the 
same way and manner, as if the same had been all sold 
at public auction* 

Sect. 6. If any person shall be guilty of any fraud or 
deceit, in the execution of this act, or in eluding or de- 
feating the operation thereof, every such person, on con- 
viction thereof, shall forfeit the sum of one thousand dol- 
lars, as a penalty for every such offence, to be recovered 
by any person who will sue for the same ; one moiety 
thereof, when recovered, to be for the use of such person, 
and the other moiety thereof to the use of the Common- 
wealth. And every person who shall subscribe and swear 
wilfully and falsely, to any account transmitted or deliv- 
ered to the Treasurer of this Commonwealth, according 
to the provisions of this act, shall suffer the pains and 
penalties which by law are prescribed for wilful and cor- 
rupt perjury. 

Sect. 7. It shall be the duty of the Treasurer of the 
Commonwealth, to prepare and furnish blank forms for 
the bonds and returns to be given and made as aforesaid. 

[Approved by the Governor, February 10th, 1823.] 

An Act to regulate the sale of Goods at public vendue, and 
to repeal all Laws heretofore made for that purpose. 

FROM and after the first day ot July next, no 
person, unless he be licensed, by the major part of the 
Selectmen of the town to which he belongs, shall sell at 



16 AUCTIONEERS. 

Public Vendue or Outcry, any Goods or Chattels what- 
soever : And if any person, without such license, shall 
sell any Goods or Chattels at Public Vendue or Outcry, 
he shall forfeit and pay a sum not exceeding six hundred 
dollars for each offence ; and the Selectmen, or the major 
part of them, at a meeting held for that purpose, are here- 
by empowered, by a waiting under their hands, to license 
any suitable person or persons to make sale of Goods and 
Chattels in manner aforesaid ; for which license, the per- 
son or persons receiving the same shall pay to the Select- 
men grafting it, for their use, the sum of two dollars; 
and the Selectmen are hereby directed to record every 
License they may so grant, in a book to be by them kept 
for that purpose. 

£. If any person or persons thus licensed, shall receive 
any Goods for sale at Public Vendue or Outcry, of any 
Servant or Minor, knowing such person to be a Servant 
or Minor, or shall sell any of his ovvn goods before sun- 
rise, or after sun set, at Public Vendue or Outcry, he 
shall forfeit and pay a sum not less than fifty dollars, 
nor more than one hundred and seventy dollars, for each 
o .fence : And every person thus licensed, shall keep a 
fair aed particular account of all Goods and Chattels, sold 
by him as aforesaid, of whom the same were received, and , 
of the names of the persons to whom the same shall have 
been sold : Provided, That nothing in this Act shall ex- 
tend to sales made by Sheriffs, Deputy Sheriffs, Coroners, 
Constables, Collectors of Taxes, Executors or Adminis- 
trators, or any other person, who already is, or hereafter 
may be authorized or required by Law to sell Goods 5 
Chattels or lands at Vendue or Outcry. 

3. No license granted, as aforesaid, shall be of any effect 
to exempt any person or persons from the penalties incur- 
red by any breach of this Act, unless such license shall 
have been made and granted within one year next pre- 
ceding such sale. 

4. Any penalty incurred as aforesaid, may be recover- 
ed by action of debt in any court of record proper to try 
the same, and appropriated to the use of him who shall 
first sue for the same. 

5. Ail laws heretofore made for regulating the sale of 
goods and chattels, at public vendue or outcry, excepting 
as before excepted, be, and they hereby are repealed t. 



AUCTIONEERS. 17 

Provided, That all forfeitures and penalties that may 
have been incurred by any breach of the laws, shall and 
may be recovered in the same manner as though this act 
had not been made. 

[Passed June 16, 1T95.] 

The additional law of 1814, chap. 46. sect. 1. provides, 
That all penalties incurred under the act of 1795, chap. 8. 
may be prosecuted by indictment or information, in any 
court of record, competent to try the same. 

Sect. 2. The tenants, or occupants of any house or 
store, having the actual possession and controul of the 
same, who shall knowingly permit or allow any person or 
persons, not being licensed as in the said act is prescrib- 
ed, to sell any goods or chattels at public vendue or out- 
cry, in his said house or store, or in any apartment or 
yard appurtenant to the same, shall forfeit and pay a sum 
riot exceeding 600 dollars, nor less than 100 dollars, to be 
recovered by an action of debt, or by indictment or in- 
formation, in any court of record competent to try the 
same, and to be appropriated to the use of the complain- 
ant. 

[June 14, 1814.] 

An Act in addition to an act, entitled " Jin ad to regu- 
late the sale of Goods at Public Vendue, and to repeal 
all laws heretofore made for that purpose." 

ON application in writing of any person to the 
Selectmen of any town in this Commonwealth, to be li- 
censed to sell goods or chattels at public vendue, if the 
Selectmen shall unreasonably neglect or refuse, after such 
application, to license such person or persons, applying as 
aforesaid, it shall and may be lawful for such applicant or 
applicants, first giving ten days notice to the Selectmen, 
so neglecting, or refusing as aforesaid, to apply to the 
Court of Sessions for the county where such applicant or 
applicants reside ; which Court or a major part thereof, 
are hereby authorized and empowered, on hearing the 
parties, to license said applicant or applicants, if they shall 
adjudge the same just and reasonable ; and provided 
such applicant give bonds to the Selectmen to pay all 
3* 



18 AUCTIONEERS, 

costs arising by the case being brought before the Court 
of Sessions. 

[Approved by the Governor, June 15, 1815.] 

The selectmen have no authority to license any person 
as auctioneer, unless it be at a meeting held expressly 
for that purpose, and of which all the selectmen, if prac- 
ticable, had notice, and the license should be signed at 
the meeting of the selectmen, or a major part of them. A 
license, granted in any other manner is void. 5 Mass. 
Rep. 505. 

The selectmen who are present and concur in the li- 
cense, are entitled to two dollars to be equally divided 
amongst them, ibid*. 



COLLECTORS. 

An Act for the choice and appointment of Collectors of 
rales and taxes, and for ascertaining their power and 
duly. 

THE qualified voters of any town or district, at 
the same time they choose constables, may, if they see 
cause, likewise choose some meet person or persons to 
be Collector or Collectors of the rates or taxes that shall 
be assessed upon such town or district, and agree upon 
what sum shall be allowed and paid unto such Collector 
or Collectors for his or their services ; but if such Collec- 
tor or Collectors so to be chosen shall refuse to serve, or 
if no Collector shall be chosen, then the Constable or con- 
stables of such town or district shall collect and gather 
such rates and taxes ; and every Collector of taxes, or 
constable, shall have a warrant from the selectmen or as- 
sessors, empowering him to collect such rates or taxes as 
shall be committed to him to collect, and he shall pay in 
the same according to the directions in such warrant; and 
in case any constable or Collector of taxes decease (or in- 
capable) before his perfecting the collection of any assess- 
ment committed to him to collect and pay into the state 
treasury, the assessors for the time being, of such town, 
district or plantation, shall nominate and appoint, (in 
writing) at the charge of such town, district, or plantation* 
some other fit person or persons to perfect the same col- 
lection, and enable and empower such person or persons 
to collect the same, by granting a warrant to him or them 
ior that purpose. 

Sect. 2. If any person shall refuse to pay the sum or 
sums which he shall be assessed as his proportion to any 
rate or tax, in the list committed to any constable or Col- 
lector, under the hands of the assessors of such town, dis- 
trict, plantation, precinct or parish, or the major part of 
them, upon demand thereof made by such constable or 
Collector, by virtue of the warrant to him given, it shall 
and may be lawful to and for such constable or Collector, 
and he is hereby authorized and required, in such case, 



£0 COLLECTORS. 

to distrain the person so refusing by his goods or chattels, 
and the distress so taken to keep the space of four days 
at the cost and charge of the owner thereof; and if the 
owner do not pay the sum or sums of money so assessed 
on him within the space of four days, then the said dis- 
tress shall be openly sold at public auction, by the said 
officer, for the payment of the said money, notice of such 
sale being posted up in some public place in the same 
town, district, plantation, precinct or parish, forty-eight 
hours before the sale, and after the expiration (within 4 
days) of the four days aforesaid ; and the overplus arising 
by such sale, if any, over and above the charge of taking 
and keeping the said distress, to be immediately restored 
to the former owner, with an account, in writing, of the 
sale and charges ; and if any person assessed as afore- 
said to the state or other tax, shall refuse or neglect to 
pay the sum or sums so assessed, by the space of twelve 
days after demand thereof, and shall neglect to shew the 
constable or Collector sufficient goods or chattels where- 
by the same may be levied, in every such case, he may 
take the body of the person so refusing, and him commit 
unto the common gaol of the county, there to remain un- 
til the same be paid, or he therefrom be discharged by due 
order of law. 

Provided nevertheless, That in all cases where there 
are, in the opinion of the Assessors, or a major part of 
them, just grounds to fear that any person or persons, as- 
sessed as aforesaid, may abscond before the expiration 
of the said twelve days, in such cases, it shall be in the 
power of the Constable or Collector to demand imme- 
diate payment. 

Sect. 3. Where any town or district shall neglect to 
choose a Constable or Collector, or if any plantation shall 
neglect to choose a Collector to gather the rates or taxes 
granted by the General Court, that itt such case the Sher- 
iff of the count), or his deputy, shall be and hereby is em- 
powered and directed to collect such rates or taxes, hav- 
ing received an assessment made of the proportion of the 
several persons rateable in such town, district or planta- 
tion, together with a warrant under the hands of such As- 
sessors as shall be appointed by the Court of General 
Sessions of the Peace, in the county where such deficient 
town, district or plantation lies, or under the hands of the 



COLLECTORS. St 

Assessors of such town, district or plantation, duly chos- 
en by them respectively. 

Sect. 4. The Sheriff* or his deputy, upon the receiving 
such assessment and warrant for collecting it, shall forth- 
with post in some public place of the town, district or 
plantation assessed, an attested copy of such assessment 
and warrant, and shall make no distress for any of the 
sums so assessed, till after thirty days from his posting it 
up; and any person or persons payingthe sum or sums 
respectively assessed on him or them to the Sheriff', be- 
fore the expiration of the aforesaid thirty days, shall pay 
at the rate of five per centum over and above the sura as- 
sessed, to the Sheriff* for his fees, and no more; but all 
such as shall neglect to pay the sum or sums assessed be- 
yond the thirty days after posting up the copy of the as- 
sessment as aforesaid, shall be proceeded against by the- 
Sheriff, by way of distress or commitment to gaol, in the 
manner Collectors are by this Act directed and empower- 
ed to distrain or commit to gaol ; and the said Sheriff, or 
his deputy, may require suitable aid for that purpose, and 
they shall each one pay the fees for the Sheriff's service 
and travel, as in other cases where distress is made, or 
the person committed. 

Sect. 5. When any person shall remove from any 
town or place where he lived, or had his residence, at the 
time of making the list of any state, town, county, pre- 
cinct, plantation, or parish tax or assessment, not having 
before paid the respective sum or sums set upon him by 
such lists, it shall and may be lawful for the Constable or 
Collector, to whom any such tax or assessment shall be 
committed, with a warrant to collect, and he is hereby au- 
thorized and empowered to demand the sum or sums as- 
sessed upon such person, in what town or place soever, 
within this Commonwealth, he may be found, and upon 
refusal or neglect to pay the same, to distrain the said 
person by his goods or chattels as aforesaid ; and for want 
of such distress, to commit the party to the common gaol 
of the county where he shall be found, there to remain un- 
til payment be made. 

Sh.ct. 6. If any owner or proprietor of land or other 
real estate shall remove out of the town, district, planta- 
tion, precinct, or parish, where said land, or other real es- 
tate lies, after the same is assessed, to some other place 



23 COLLECTORS. 

within this Commonwealth or out of the limits thereof, and 
shall neglect or refuse to pay the said assessment by the 
space of three months, from and after the time of such 
removal ; and if the Collector or Collectors, to whom 
such assessment shall be legally committed, cannot, with- 
in the said three months, find any personal estate belong- 
ing to such person so removed sufficient to pay the same, 
then such Collector or Collectors shall proceed to sell so 
much of the said land or other real estate, as will amount 
to the assessment aforesaid, together with the charges of 
such sale, in the same manner as is herein after provided 
for the sale of lands belonging to non-resident proprietors 
for the payment of taxes. 

Sect. 7. Where no person appears to discharge the 
taxes on the unimproved lands of non-resident proprietors* 
or improved lands of proprietors living out of the limits of 
this Commonwealth, to the Collector thereof he shall ad- 
vertise in the public newspapers of the printer to the Gen- 
eral Court for the time being, three weeks successively, 
the names of all such proprietors, where they are by him 
known, with the sum of the taxes assessed on their lands 
respectively, and also the time and place of sale ; and 
where they are not known, he shall, in the same manner, 
publish the sum of the taxes on the several rights, num- 
bers of lots, or divisions ; and where the name of the 
place in which such lands lie, may have been altered by 
any Act of this Commonwealth, within three years next 
preceding such advertisement, he shall express not only 
the present name, but the name by which the same was 
last known ; and in either case shall post the same in 
some convenient and conspicuous place in the same town 
or plantation, as the case may be, where the said lands 
lie, and in three of the adjoining towns, at least, for the 
term of three weeks previous tofthe time appointed for 
such sale ; and if no person shall appear thereupon to dis- 
charge the said taxes, and all necessary intervening 
charges, then the Collector aforesaid shall proceed to sell 
at public auction to the highest bidder (after waiting two 
hours from the time appointed for said sale) so much only 
of the said lands as shall be sufficient to discharge said 
taxes, and the necessary intervening charges, having first 
given notice of the intended sale thereof, and the time and 
place when and where the same will be made as aforesaid ; 



COLLECTORS. 25 

and shall have power to adjourn from day to day (if nec- 
essary) to complete the said sale, not to exceed three 
days (waiting as aforesaid) and shall give and execute a 
deed or deeds to the purchaser or purchasers, his or their 
heirs and assigns, expressing therein the cause of such 
sale, and saving to the aforesaid proprietor or proprietors, 
the right of redemption of any lands so sold, within any 
time for the space of two years from the time of such sale ; 
and the same shall be reconveyed to him or them, the 
said proprietor or proprietors, on paying within two years 
as aforesaid, the sum such land sold for, with interest at 
the rate of ten per cent, per annum on said sum, together 
with all necessary intervening charges. Provided never- 
theless, That the purchaser or purchasers as aforesaid 
shall not make any strip or waste on the premises until 
the time of redemption shall have expired ; and if the 
said purchaser or purchasers shall make any strip or 
waste on the premises, as aforesaid, he or they shall be 
liable to pay all damages to the original owner or owners* 
in as full and ample a manner as if he or they had not 
purchased the same. 

Sect. 8. When any state or other rate or tax shall be 
made payable at two or more several times, or days of 
payment, and any person, being an inhabitant or dweller 
in any town, district or plantation, within this Common- 
wealth, at the time of making such rate or tax, and being 
assessed thereunto, shall be about to remove from thence 
before the time that shall be prefixed for payment of the. 
same, it shall and may be lawful for the Constable or Col- 
lector ort!^ same town, district or plantation, to demand 
and levy the whole sum which such person may be assess- 
ed in his list or lists, notwithstanding the time for collect* 
ing the second part of such rate or tax may not then have 
arrived, and in default of payment to distrain tor the same, 
or to take such other course for the obtaining thereof as is 
herein before provided ; and when the Constables or Col- 
lectors be anew chosen and sworn, in any town, district, 
plantation, precinct or parish, before the former Consta- 
bles or Collectors have perfected their collection of any 
jtate or other tax or ussessment to them committed to 
collect, such former Constables or Collectors are hereby 
fully empowered and required to perfect all such collec- 
tions, and shall and may exercise the same powers and au? 



24 COLLECTORS. 

i* Vs r„ iu« collectinff and enforcing the payment there- 
TX *S actthet Sight have d«?e before other Con- 

* ki a. Ir Collectors were chosen and sworn, 
stables or Co lector - t of the statej COU nty, 

i SK0 a : Wt mJcinct or parish rates and taxes, when in 
town, district, pied net wr p hindered> or imp eded 

the execution oT the °^*' ^ e9 commUt ed to them, it 
in collecting he raes ana tax some meet 

shall be lawtul for such Col »«£j» ^ J in and that 
person or persons to aid and assi t the. ^ ^ ^ 

all persons so required who sha, ,etu rf ^ ^ 

sistance, shall ^™ U y.W J h ° ofience I0 F ay arise, not ex- 
district, or plantation where tne one ^ 

ceeding f ^V^Sion may be had, Sy complaint or 
before whom .the coition ' »^ ^^ e ' cir y cum J nc e 8 of 
t^^oSSt^* to the Justice that 
It! «M»n demanded as aforesaid, was necessary ; and on 
tf ft of Payment of the fine imposed, the Justice may or- 
fef e ^nTrtbecomudtted'tothe common gaol of 

the county for the space of forty-eight hours. 

the county ^ ^ e owner ^ teuant Qf imp roved 

lands liable to pay taxes, shall not reside, or be an inhab- 
it of ne town, district, plantation, precinct or parish 

• Mr* «nch lands lie, and no stock, corn or hay, can be 
Lnd upon he said la'nds, whereof the constable or col- 
lector nfay make distress to satisfy such sum or sums, as 
from time J to time such lands shall be assessed, either to 
&t»E county town, district, plantation, precinct, or 
pari h n ucliSse any Justice of the Peace in the conn- 

XorSS r^to wCThe 8* wh'erem' such lands shall 
be asses e5 shall be committed, and upon sight of the 
be assesseu ' _ * • . . y thereof, may and hereby is 

■aJM ^strain such owner or occupant, by his goods 
res.des; iod st.ain sucn o jv ^^ areset m 

hereof, .Warning the overnlus, ,fan, .*«« ,be to the 



COLLECTORS. 9:5 

gaol of the county, there to remain until he pay and satis- 
fy the sum or sums so assessed, with the charges. 

Sect. 11. When any officer appointed fur collecting 
any rates or assessments, by virtue of any warrant, shall, for 
want of goods or chattels, whereof to make distress, take 
the body of any person and commit him to prison, he shall 
give an attested copy of his warrant unto the keeper ot 
the prison, and thereupon certify under his hand the sum 
such person is to pay as his proportion to the assessment, 
with the cost of taking and committing ; and that for 
want of goods or chattels, whereon to make distress, he 
has taken his body ; and such attested copy, with the cer- 
tificate thereon under the hand of the officer, shall be a 
sufficient warrant to require the prison-keeper to receive 
and keep such person in custody until he shall pay his 
rate or assessment as aforesaid, and charges of imprison- 
ment, with two shillings for the copy of the warrant. 

Provided nevertheless, Any person committed to gaol 
for his taxes, shall have the liberty of the gaol-yard, upon 
his procuring sufficient bonds as is by law directed for 
other debtors. 

Sect. 12. All plantations, which shall from time to 
time be ordered by the General Court to pay any part or 
proportion of the public taxes, shall be and they hereby 
are fully vested with ail the powers that towns in this 
Commonwealth by law are vested with, so far as relates 
to the choice of Collectors of taxes; and any person who 
shall be chosen to the office of a Collector of taxes in any 
of the aforesaid plantations, and shall refuse to accept of 
the office, to which he shall have been elected, or neglect 
to take the oath by law required to be taken by Collec- 
tors of taxes in towns, shall be liable to the same penal- 
ties, to be recovered by the clerk of the plantation for the 
use thereof, in the same way and manner as by this Act 
are provided in the case of Collectors refusing to accept 
such office when chosen by parishes or precincts. 

Sect. 13. If any of the plantations aforesaid shall neg- 
lect to choose Collectors as aforesaid, or if the Collectors 
chosen by any such plantation, and accepting such trust, 
shall be remiss or neglect their duty, in every such case, 
such plantation shall be proceeded with in the same man- 
ner as by this Act is provided in the case of deficient 
towns, and such deficient Collectors shall be and herebv 



26 COLLECTORS. 

are made liable to the same penalties, to be recovered by 
the same process as by this Act is provided in the case of 
deficient Collectors chosen by towns. 

Sect. 14. In all cases where any person or persons 
who may be taxed for any real estate in their possession, 
may not be owners or proprietors of such estate, it shall 
be the duty of every Collector on whose rate-bill the name 
or names of any such person or persons shall be borne, to 
demand, as soon as may be after such bill shall be regu- 
larly committed to him, the full amount of the taxes that 
may be therein assessed upon such person or persons re- 
spectively ; and that all cattle, sheep, horses, swine or 
other stock, and also all the produce of any such estate 
which then, or within nine months from the time such as- 
sessment shall be committed as aforesaid, shall or may be 
found on the premises belonging to the owner or proprie- 
tor of such estate, or to any tenant thereof taxed as afore- 
said, shall be liable to be taken and disposed of by public 
auction, in manner as is provided by law, in case of dis- 
tress taken for taxes in discharge in part or in whole of 
any sum or sums assessed, upon any such person or per- 
sons as aforesaid. 

Sect. 15. If any stock or produce which may be taken 
and disposed of as aforesaid, shall be the property of the 
proprietor or owner of the land assessed as aforesaid, in 
every such case such person or persons assessed as afore- 
said shall be held to make full satisfaction to the owner or 
proprietor of such stock or produce, and the Collector mak- 
ing distress shall not be chargeable with the same. 

Provided always, That if the person or persons assess- 
ed as aforesaid shall remain on such estate, or in the 
lown, district, parish, precinct or plantation, where the 
same may lie, for the space of nine months next after the 
rate-bill shall be committed to any such Collector as afore- 
said, the said Collector shall have no other remedy than 
against the person or property of the person or persons 
assessed as aforesaid, unless it shall appear, that there 
was no sufficient distress to be found upon the premises 
within that time, and that such Collector was unable to 
collect the sum or sums due from the person or persons 
a&sessedas aforesaid within the like term ; in which case 
it shall and may be lawful for such Collector or Collectors 
to proceed to sell so much of said real estate as may be 
necessary to discharge the said assessment and charges, 



COLLECTORS. 2: 

iii the same manner as is hereinafter provided for the sale 
of lands belonging to non-resident proprietors for the non- 
payment of taxes. Provided such sale shall be made 
within the term of one year from the time such tax shall 
be committed to such Collector or Collectors, and not af- 
terwards. 

Sect. 16. It shall be in the power of any precinct or 
parish within this Commonwealth, sometime in the month 
of March (or April,) annually, at the time they choose 
other precinct or parish officers, to choose one or more 
person or persons to serve as Collector or Collectors of 
all such rates or assessments as shall be granted or agreed 
upon by such precinct or parish, who shall be duly sworn 
to the faithful discharge of the trust reposed in him or 
them ; and any person that shall be chosen into the office 
of a Collector as aforesaid, and shall refuse to accept there- 
of, or deny or neglect to take the oath by law required, 
shall forfeit and pay unto the Treasurer of such precinct 
or parish, for the use of such precinct or parish, the sum of 
five Pounds, to be sued for and recovered in the same 
manner fines are recovered from persons refusing to serve 
in the office of a Constable in any town or district ; Pro- 
vided no person in commission for any office, civil or mil- 
itary, church officer, or member of the Council, Senate or 
House of Representatives, Selectmen, town-clerk, Town- 
Treasurer or Assessors, for the time being, nor any other 
person, that has served as Constable or Collector for him- 
self or his own turn, within the space of seven years, shall 
be obliged to serve in the office of Collector. 

Sect. 17. The oath to be administered to the Consta- 
ble in any town or district, shall be in the form following : 
WHEREAS you, A. B. are chosen constable within 
the town of C. for one year now following and until 
other be chosen and sworn in your place, do swear, 
that you will carefully intend the preservation of the 
peace, the discovery and preventing all attempts a- 
gainst the same ; that you will duly execute all war- 
rants which shall be sent unto you from lawful au- 
thority, and faithfully attend all such directions in 
the laws and orders of court, as are or shall be com 
mitted to your care ; that you will faithfully and with 
what speed you can, collect and levy all such fines, 
distresses, rates, assessments, and sums of money, 
which von shall have^ufficient warrants accord- 



m COLLECTORS. 

ing to law ; rendering an account thereof, and pay> 
ing the same according to the direction in your war- 
rant; and with like faithfulness, speed and diligence, 
you will serve all writs, executions and distresses in 
private causes betwixt party and party, and make re- 
turn thereof duly in the same court where they are 
returnable; and in all these things you shall deal 
faithfully whilst you shall be in office, without any 
sinister respects of favour or displeasure. So help 
you GOD. 
And the oath to such as may be collectors only, shall be 
in the following form : 

YOU, «#* B% being appointed a Collector of taxes with- 
in the of for one year next following, do 
swear, that you will levy and collect, with what speed 
you can, all such rates and assessments, for which 
you shall have sufficient warrants according to law : 
rendering an account thereof, and paying the same, 
according to the direction in your warrant. So help 
you GOD. 
Sect. 18. In case of distress or commitment for the 
non-payment of taxes, the officer concerned therein shall 
be entitled to the same fees which Sheriffs by law are or 
may be entitled to for levying executions, saving that the 
travel in case of distress shall be computed only from the 
dwelling-house of the officer making such distress to the 
place where the distress may be made. 

[This Act passed March 16, 1786.] 
[Additional act of 1787, chap. 50.] 
WHEREAS it often happens that persons taxed 
ia public and other assessments abscond, not having paid 
their rates and taxes, by which means the said taxes are 
frequently lost, and no provision being made in the said 
Act for remedy thereof, 

When any person duly taxed in any assessment as 
aforesaid, hath absconded or shall hereafter abscond, not 
having paid their rates and taxes, and hath concealed or 
shall conceal his goods and estates; in every such case, 
the collectors, and Constables to whom the said rates and 
taxes are committed to collect, shall have like remedy 
against their agents, factors or trustees, for the recovery 
of the same, as by the laws of this Commonwealth other 
creditors have for the recovery of their debts. 
[This Act passed March 26,1788.1 



fcOLLECTORS. 29 

.tf/i Jet farther to enable Constables and Collectors of 
Taxes to complete their collections in certain cases. 

WHERE any person, duly rated in any town, 
district, precinct, parish or plantation, hath died, or 
shall die before the payment of the same rates, and where 
any person, duly rated as aforesaid, hath removed or shall 
remove out of the town, district or plantation, in which 
such person lived at the time such rates were or may be 
assessed, before the payment of such rates, and where 
any unmarried woman, being duly rated as aforesaid, 
hath intermarried, or shall intermarry before payment of 
such rates, in all such cases, it shall and may be lawfu 
for the Constables or Collectors of such town, district, 
precinct, parish or plantation, to sue for such rates, and 
they shall have the like remedy for the recovery thereof 
as other creditors have, for recovering their proper debts. 
[Passed June 15, 1789.] 

An Act in addition to the several laws now in force, pro- 
viding for the collection of taxes. 

WHEREAS provision is made by law, when any 
constable or collector of taxes in any town, district, plan- 
tation, precinct or parish, shall die, before the completing 
of the collection of the taxes committed to him, that the 
assessors appoint a collector to perfect such collection ; 
but no provision is made when any constable or collector 
shall become non compos mentis, or be disabled by bodily 
infirmities from perfecting his collection ; for remedy 
whereof, 

1. When any constable or collector of any town, dis- 
trict, plantation, precinct or parish, who is already or may 
hereafter become non compos mentis, and who hath or may 
have a Guardian duly appointed, or who hath already 
been, or may hereafter, by bodily infirmities, be rendered 
incapable of discharging the duties of h<s office, m the 
judgment of the Assessors, before such insane or infi 
constable or collector hath perfected his collection 
assessors shall thereupon procure and ar 
under their hands, some suitable person a collector, to per- 
fect such collection, and grant him a Win rant fot that pur- 
pose ; and the person so appointed shall have the sa 



SO COLLECTORS. 

power and authority as were granted to such insane or if*- 
firm constable or collector ; provided nevertheless, that no 
person shall be appointed to complete the collection of 
such infirm collector, unless he shall request the same t 
And provided farther, That when it shall appear to the 
assessors, that such insane or infirm constable or collector 
shall have paid to the treasurer or treasurers to whom he 
was accountable, a larger sum or sums of money, than the 
amount of the monies that he has collected from the per- 
sons borne on his list of assessment, the assessors in their 
warrant to the collector by them appointed, shall direct 
him to pay such sum as shall appear to them to be over* 
paid as aforesaid, to the Guardian of such insane consta- 
ble or collector, or to such infirm constable or collector, as 
the case may be. And in the cases aforesaid, and in case 
of the decease of any constable or collector of taxes before 
his perfecting his collections, the assessors for the time 
being, shall have power to demand and receive the list or 
lists of assessments, of, and from such infirm constable or 
collector, or from the Guardian of such constable or col- 
lector as shall be non compos mentis, or from the execu- 
tors or administrators of any deceased Constable or Col- 
lector, or of, and from any person in whose hands the same 
may be, and to deliver the same to the Collector newly 
appointed". 

And whereas provision is also made by law, that when 
any distress shall be taken by any Constable or Collec- 
tor, for non -payment of taxes, it shall be kept four days 
before notice of sale shall be given, and that the forty 
eight hours notice of sale shall r\ot be given until after 
tht expiration of the said four days, which prolongation of 
the time of sale, often increases expense and appears to be 
unnecessary. 

2. It shall and may be lawful for any Constable or 
Collector to give the forty eight hours notice, of the sale 
of any distress by him taken, for the non-payment of tax- 
es, within the said four days, and after such notice, to sell 
such distress, after the expiration of the said four days ; 
any law to the contrary notwithstanding. 

3. Any officer who may have occasion to distrain any 
personal property of any deficient Constable or Collector, 
by force of any warrant of distress, or execution issued by 
the treasurer of the Commonwealth, or by the treasurer 
of any county, town, district, plantation, parish or pre- 



COLLECTORS. 3* 

einct, shall proceed in the sale of said personal property^ 
in the same manner such officer by law is obliged to pro- 
ceed, in serving executions upon judgments obtained by 
creditors against their debtors, where personal estate is ta- 
ken for satisfying the same. [Passed February 3, 1792.] 

. hi Act prescribing the duty of Constables and Collectors 
in certain cases, previous to the advertisement of non-res- 
ident proprietors' land for sale, for non-payment of tax - 
es ; and for perpetuating the evidence of posting notifi- 
cations previous to such sale. 

WHERE any non-resident proprietor of any lands 
in any town, district or plantation, within this Common- 
wealth, shall have authorized in writing, any person resid- 
ing and dwelling in any such town, district or plantation, 
as his Attorney, to pay the taxes imposed upon such 
lands, and such written authority shall have been lodged 
with, or recorded by the clerks of such town, district or 
plantation, which such clerk is hereby required to do, up- 
on application of such Attorney, and payment of one shil- 
ling for filing or recording the same ; no Constable or 
Collector of taxes in any such town, district or plantation, 
shall proceed to advertise the sale of any lands of any 
such non resident proprietors for non-payment of any tax- 
es committed to them to collect, without first notifying 
and demanding payment of such tax of such Attorney, ei- 
ther personally or by written notice and demand, left at 
his dwelling-house, nor till after the expiration of two 
months from and after such notice. And in case such 
Collector shall have occasion, after said two months, to 
advertise such lands for sale, upon neglect of payment of 
the taxes, his affidavit, made before a Justice of the peace, 
and recorded by the clerk of such town, district, or plan- 
tation (who is hereby required, upon request of such Con- 
stable or Collector, to record the same) before any sale be 
made, that such personal or written notice was given, and 
expressing the time of giving the same, shall be admitted 
as legal evidence thereof. 

2. The affidavit of any disinterested person, taken be- 
fore a Justice of the Peace, of the posting notifications, re- 
quired bylaw, for the sale of any land, which shall be 
sold by any Sheriff, Constable or Collector, in the execu- 
tion of his office, may be used in evidence of the fact of 
notice, upon any trial of the validity of such sale ; provi- 



32 COLLECTORS. 

ded, that such affidavit, made on one of the original adver 
tisements, or on a copy of one of them, shall be filed and 
recorded in the Registry of Deeds, of the county or dis- 
trict where the land lies, within six months. This Act to 
be in force from and after the first day of July next ; and 
the Secretary shall cause this Act to be published in the 
several newspapers in the Commonwealth, as soon as 
may be. [Passed February 28, 1795.] 

BY the law of 1815, chap. ISO. sect. 1. towns are 
authorized at their annual meeting to appoint their treas- 
urer a collector of taxes ; and the treasurer so appointed' 
shall be, and hereby is empowered to substitute and ap- 
point under him such number of deputies or assistants, 
as may be necessary ; which deputies or assistants shall 
give bonds for the faithful discharge of their duty, in 
such sums, and with such sureties, as the selectmen of 
such town shall think proper ; and the said collector and 
his deputies shall have the same powers as are vested by 
law in collectors of taxes, chosen by virtue of the act now 
in force for that purpose. 

Sect. 2. That all the inhabitants of such towns, who 
shall voluntarily pay the said collector, or his deputy, 
within 30 days next after the delivery of their tax bills, 
the amount of their respective taxes, shall be entitled to 
an abatement of such sum, as said town at their ajmual 
meeting may agree upon, on the amount of their said tax- 
es ; and all such inhabitants, as shall voluntarily pay their 
taxes to the said collector or his deputy, within 60 days 
after the delivery of their tax bills, shall be entitled to an 
abatement of such sum as may be agreed upon as afore- 
said, on the amount of their said taxes ; and all such in- 
habitants as shall voluntarily pay to the said collector or 
his deputy, within 120 days after the delivery of their 
tax bills, shall be entitled to an abatement on the amount 
of their said taxes, of such sum as may be agreed upon as 
aforesaid. 

Sect. 3. All such taxes as shall not have been 
paid in agreeably to the provisions of the 2d section of 
this act, shall and may be collected by the collector or his 
deputy or deputies, agreeably to the act now in force for 
that purpose, passed March 16, 1786, as also all taxes from 
persons whose credit they may consider doubtful at any 



COLLECTORS. 3* 

time within the time specified in the aforesaid second 
section. 

Sect. 4. The assessors of any town, which shall, at 
their annual meeting, regulate the collection of their taxes, 
agreeably to the provisions of this act, shall assess their 
taxes in due form, and deposit the same in the hands of 
the treasurer for collection, together with a warrant ac- 
cording to law, for that purpose, after he shall have been 
duly qualified, together with his deputy or deputies, and 
at the same time shall post up notifications thereof to- 
gether with a copy of the second section of this act, in one 
or more public places within said town. (Feb. 15,1816.) 

The additional act of 1817, chap. 69. provides, that it 
may be lawful for any town treasurer, who may also have 
been chosen a collector, as well as treasurer, as is provid- 
ed for in the act to which this is in addition, to issue his 
warrant to the sheriff of the county, or his deputy, or to 
any constable of the same town, directing them to dis- 
train the person or property of any person or persons, 
who may be delinquent in the payment of taxes, after the 
expiration of the time fixed for the payment thereof, by 
any vote of such town, subject to the same provisions as 
are directed by the act regulating the collection of taxes 
in the town of Boston, passed March 12, 1808. 

The law ot 1799, chap. 66. sect. 2. provides, that col- 
lectors in collecting a tax for the building or repairing of 
school houses, shall have the same powers, and be holdeti 
to proceed in the same manner as is by law provided in 
collecting town taxes. 

1. No action can be maintained to compel payment of 
any tax ; except in the particular cases mentioned in the 
statute of 1789, chap. 4. 6 Mass. Rep. 44. 

2. An action cannot be maintained to enforce payment 
of a parish tax, or a tax assessed by the proprietors of a 
general field, ibid. 

3. By the law of 1785, chap. 70. sect. 16. a Collector 
may collect taxes which have been granted or agreed upon 
by the parish before he was chosen into office. 7 Mass. 
Rep. 89. 

4. A collector of taxes derives all his authority from 
the statutes to sell a distress taken by him. 5 Mass, 
Rep. 403. 

5. If the whole assessment and the warrant issued bfr 
Itegal, the collector is not obliged to obev his warrant, ec 



54 CORONERS. 

collect any part of the tax; but, if he do, and receive of 
any person his tax, he may not be a trespasser, for volen* 
ti nonfit injuria. 5 Mass. Rep. 547. 

6. Constables are ex officio collectors of taxes, when no 
person is distinctly and exclusively appointed as collec- 
tor. 10 Mass. Rep. 105. 



CORONERS, 

An Act describing the duty and power of Coroners., 

EVERY Coroner within the county for which he 
is appointed, shall take inquests of violent deaths commit- 
ted, and casual deaths happening within their respective 
counties, and shall, before they enter upon the duties' of 
their office, be sw T orn to the faithful discharge thereof, 
and give security before they proceed to act, in the same 
manner as sheriffs by law are obliged to do. 

By the law of 1823, chap. 39, the Coroner is to summon 
only six Jurors from the town where the dead body is found, 
or one or more of the adjacent towns. 

FORM OF THE WARRANT. 

Suffolk ss. 
(SEAL.) To either of the Constables of B- — , in the said 
county of 'S — , Greeting. 

THESE are in the name of the Commonwealth of Mas- 
sachusetts, to require you immediately to summon and ' 
warn good and lawful men of the said town of B 
to appear before me, one of the Coroners of the said county 
of S at the dwelling-house of or at a place called 

within the said town of B at the hour of 

then and thereto inquire upon the view of the body of 
there lying dead, how and in what manner he came 
to his death. 

Fail not herein at your peril. Given under my hand 
and seal, at B the day of in the year of 

our Lord, W. G. 

And the Coroner shall swear the jurors and shall give 
the foreman (by him appointed) his oath upon view of the 
body, in form following : 

YOU solemnly swear, that you will diligently inquire 
and true presentment make on behalf of this Com- 



CORONERS. 35 

monwealth, how and in what manner A. B. who 
lies here dead, came to his death ; and you shall de- 
liver up to me, one of the Coroners of this county, a 
"true inquest thereof, according to such evidence as 
shall be laid before you, and according to your knowl- 
edge. So help you God. 
And then shall swear the other jurors, in form following* : 
SUCH oath as your foreman hath taken, you, and each 
of you, shall well and truly observe and keep. So 
help you GOD. 
And the jurors being sworn* the Coroner shall give 
them a charge upon their oaths, to declare of the death of 
the person, whether he died of felony, or of mischance, or 
accident; and if of felony, who were principals, and who 
were accessaries, with what instrument he was struck or 
wounded, and so of all prevailing circumstances which 
may come by presumption; and if by mischance or acci- 
dent, whether by the act of man, and whether by hurt 
fall, stroke, drowning, or otherwise : To inquire of the 
persons who were present, the finders of the body, his re- 
lations and neighbours, whether he was killed in the same 
place where he was found, and if elsewhere, by whom, and 
how he was brought from thence ; and of all circumstances 
relating to the said death : And it he died of his own felo- 
ny, then to inquire of the manner, means, or instrument, 
and of all circumstances concerning it. And the jury be- 
ing charged shall stand together, and proclamation shall 
be made for any person that can give evidence, to draw 
near and that they shall be heard. And every Coroner is 
further empowered to send out his warrant for witnesses, 
-commanding them to come before him to be examined, 
and to declare their knowledge concerning the matter in 
question, and he shall administer an oath to them in form 
following: 

YOU solemnly swear, that the evidence which you shall 
give to this itfquest, concerning the death of A. B. 
here lying dead, shall be the truth, the whole truth, 
and nothing but the truth. So help you GOD. 
The evidence of such witnesses shall be in writing sub- 
scribed by them : And if they relate to the trial of any 
person concerned in the death, then shall the Coroner bind 
such witnesses by recognizance in a reasonable sum, for 
their personal appearance at the next Supreme Judicial 
Court, to be hoi den within or for the same county, the^e 



S6 CORONERS. 

to give evidence accordingly, and commit to the comaioii 
gaol of the county such witness or witnesses as shall re- 
fuse to recognize as aforesaid, and shall return to the 
same court the inquisition, written evidence, and recog- 
nizance by him taken. And the jury having viewed the 
body, heard the evidence, and made all the inquiry within 
their power, they shall draw up and deliver unto the 
Coroner their verdict upon the death under consideration, 
in writing, under their hands and seals, inform following : 
v. w m 5 AN inquisition taken at B within 

aupouc, ss.^ t he said county of ^ the day 

of in the year of our Lord before W. G. gentle- 

man, one of the Coroners of the said county of S up- 
on the view of the body of A. B. there lying dead, by the 
oaths of yeomen, good and lawful men, who being 
charged and sworn to inquire for the Commonwealth, 
when, how, and by what means the said A. B. came to his 
death, upon their oaths do say 
\Then insert how, tvhen,and by what means, with what hi' 

strument he was killed, and if it appears that he hath 

been murdered by a person known, then the inquisition 

shall be concluded in this form fj to wit. 

And so the jurors aforesaid, upon their oaths aforesaid, 
do say, that the aforesaid A. B. in manner and form afore- 
said, then and there of his malice aforethought, did kill 
and murder, against the peace and dignity of the Common* 
wealth, and the laws of the same, 

[If it appears to be self-murder, then shall the inquisition 
be concluded thus :] 

And so the jurors aforesaid, thus upon their oaths afore- 
said, do say, that the said Ji. B. in manner and form afore- 
said, then and there voluntarily and feloniously as a felon 
of himself, did kill and murder himself, against the peace. 

\Jind if it appears that the death was by misfortune.'] 

And so the jurors aforesaid, upon their oaths say, that the 
said A. B. in manner aforesaid, came to his death by mis- 
fortune. 

\[_lf innocently by the hands of any person.] 

The jurors upon their oaths aforesaid do say, that the 
aforesaid D. R. the aforesaid A. B. by misfortune, and 
against and contrary to the will of him the said D. B. in 
manner and form aforesaid, did kill and slay. In witness 
whereof the said Coroner and jurors to this inquisition 
have set their hands and seals, the day and year abovesaid 



CLERKS. 

1. Town Clerks, how chosen, duty and power of. 
£. Duty, in choosing State Officers. 

3. May swear Commissioners and Appraisers, 

4. To publish intentions of Marriage. 

5. To record Births and Deaths. 

6. Lost Goods and stray Beasts. 

7. To summon Witnesses. 

8. To read certain Laws. 

9. Fees. 
10. Oaths. 



1 4 How chosen, duty and power of. 

THE freeholders and other inhabitant's of each 
town in this government, who shall pay . one single tax, 
besides the poll or polls, a sum equal to two-thirds of a 
single poll-tax, shall, in the month of March or April an- 
nually, meet and assemble at such time and place in the 
same town, as they shall be notified to attend by the Con- 
stable or Constables of the town, or such others as the 
Selectmen shall appoint to notify the same; and the said 
freeholders, and other inhabitants, shall then and there, 
4 



38 CLERKS. 

by a major vote, choose a Clerk (who shall be under oatk 
truly to record all votes passed in such and other town 
meetings during the year, and until another Clerk shall be 
chosen and sworn in his stead, and also faithfully to dis- 
charge all the other duties of his said office) three, five, 
seven or nine able and discreet persons of good conversa- 
tion, inhabiting in the town, to be Selectmen, or Towns- 
men, and Overseers of the Poor, where other persons shall 
not be particularly chosen to that office (which any town 
may do if they shall think it necessary and convenient) 
three or more Assessors, two or more judicious persons 
for Fence-Viewers, Treasurer, Surveyors of Highways, 
Surveyors of Lumber, Wardens, Ty thing-Men, Sealers 
of Leather, Measurers of Wood, Clerks of the Market, 
Constables, and other usual town-officers ; the said offi- 
cers to be chosen by ballot or such other method as the 
voters agree upon. And the Town Clerk, or two of the 
Selectmen, shall forthwith make out a list of the names of 
all those who shall be then chosen into office, of whom an 
oath is by law required, and deliver the same to some 
Constable or Constables of the same town, together with 
a warrant to him or them directed, who is hereby requir- 
ed, within three days after receiving such warrant, to no- 
tify and summon each of the said persons to appear be- 
fore the Town Clerk within seven days from the time of 
such notice, to take the oath by law prescribed to the of- 
fice into which they are severally chosen ; and every per- 
son who shall neglect to appear before the Town Clerk, 
within the said seven days, and take the oath of office un- 
to which he is chosen and summoned as aforesaid, which 
oath the Town Clerk is hereby authorized te administer 
(unless such person is by law exempted from serving in 
the office) shall forfeit and pay to him or them that will 
inform or. prosecute therefor, the sum of Thirty Shillings, 
except Constables and such other officers, for whose neg- 
lect a different penalty is provided, two thirds for the use 
of the town, and the other third to the use of the prosecu- 
tor. 

Provided always, That any person who -shall take the 
oath of office before a Justice of the Peace, and file a cer- 
tificate thereof with the Town-Clerk within the said ion 
days, shall be exempted from the said fine ; and every 
Constable shall, at the expiration of the term often days 



CLERKS. 69 

from the time of receiving such warrant, make a return 
into the Clerk's office of the same town, of the warrant to 
him committee] as aforesaid, with his doings thereon, for a 
neglect of which, lie shall forfeit and pay the sum of For- 
ty Shillings* to be to the use of the town. 

And the Town Clerk shall make a record of such per- 
sons as shall, from time to time, be sworn into office be- 
fore him, or of such as shall file Certificates of their being 
sworn as aforesaid. 

2. Duty* in choosing Slate Officers. 

THE statute of June 18, 1811, Chap. 9. Sec. £.' 
Provides, that the election of moderator of all town meet- 
ings (or the choice of town officers (excepting in the town 
of Boston) of Town Clerks, Selectmen, and Assessors, shall 
be by written ballots, and during the election of modera- 
tor for any town meeting, the Town Clerk shall preside, 
and shall have all the powers, and do all the duties which 
the moderator of a town meeting now by law has and 
does perform. 

The statute of 1T95, chap. 55. sec. 2. provides, that 
every Town Clerk, airdthe clerk or assessors of any unin- 
corporated plantation, present at any meeting for the 
choice of Governor, Lieut. Governor, Counsellors and 
Senators, who shall neglect or refuse to make a fair record 
of the votes, or a fair copy of such record, or to attest the 
same, or who shall neglect or refuse to make due and 
seasonable return thereof to the sheriff of the county, or 
into the secretary's office of this Commonwealth, shall 
forfeit a sum not exceeding eighty dollars, nor less than 
forty dollars, for each offence. 

So, for a refusal or neglect of his duty in regard to t\\a 
election of Representatives, a like penalty is incurred ; it 
being his duty to record in the town records, the whole 
number of votes given in, and for whom thev were givea. 

3. May swear Jppraisers, Commismme^ <§x\ 

IN all cases where- the appraisers, commission- 
ers or dividers, appointed by the Judge to perform any 
service respecting the estate of any person deceased, or 



40 CLERKS. 

persons appointed to set off the widow's dower therein, 
and are by law directed to be under oath, or sworn by the 
Judge of Probate, they may be sworn before a Justice of 
the Peace; and in case there be no Justice of the Peace 
in the same town, they may be sworn before the Town 
Clerk; a certificate of such oath to be returned to the 
Probate -Office from whence the warrant or commission 
appointing them, issued. 

When a minor above the age of fourteen years, living 
more than ten miles distant from the Judge of Probate's 
dwelling-house, shall choose a guardian, such minor may 
have that choice certified to the Judge by any Justice of 
the Peace in the same county, or by the Town Clerk, if 
no Justice shall dwell in such town, which choice so cer- 
tified shall be deemed as good and valid as if done in the 
said Judge's presence. 

4. To yubllsh intentions of Marriage. 

ALL persons desiring to be joined in marriage, 
shallJiave such their intentions published at three public 
religious meetings, on different days, at three days' dis- 
tance exclusively at least from each other, in the town or 
district, wherein they respectively dwell, or shall have 
their intentions of marriage posted up by the Clerk of 
such town or district, by the space of fourteen days, in 
some public place, within the same town or district, fairly 
written, and shall also produce to the Justice or Minister, 
who shall be desired to marry them, a certificate of such 
publishment, under the hand of the Clerk of such town or 
district respectively ; and also, that the intention of mar- 
riage hath been entered with him fourteen days, prior to 
the date of such certificate ; and where a male, under 
twenty-one years, or a female under eighteen years of 
age, is to be married, the consent of the parent, guardian. 
or other person, whose immediate care and government 
such party is under, if within the Commonwealth, shall 
be first had to such marriage. And in case the parties or 
either of them live in a town, district or place where 
there shall be no Clerk, then publishment shall be made 
in the town or district next adjoining, in manner afore- 
said, and a certiVjcate from the Clerk of the same town 
or district, of such publishment, and of the entry of their 



CLERKS. 41 

intentions of marriage as aforesaid, shall be produced as 
aforesaid, previous to their marriage. 

If, at any time, the banns of matrimony betwixt any 
persons shall be forbidden, and the reasons thereof as- 
signed, in writing, by t!»e person so forbidding the same, 
left with the town or district Clerk, he shall forbear issu- 
ing a certificate as aforesaid, until the matter shall have 
been duly inquired into, and determined before two Jus- 
tices of the same county, quorum unus : Provided the 
person forbidding the banns shall, within seven days after 
tiling the reasons as aforesaid, apply unto two Justices as 
aforesaid, and procure their determination thereon ; un- 
less the said Justices shall certify unto the said Clerk, 
that a further time is necessary for their determination 
on the reasons tiled ; in which case the Clerk shall forbear 
issuing a certificate, until the time then certified to be ne- 
cessary shall expire, unless the Justices shall sooner de- 
termine; according to whose determination, the Clerk 
shall govern himself herein ; and if the said Justices shall 
determine, that the reasons assigned by the person for- 
bidding the said banns, were not supported by the laws 
of the Commonwealth, then the person so forbidding shall 
pay all the cost that may .have arisen in consequence of 
such objection; and the said Justices shall make up judg- 
ment and issue execution accordingly. 

Every Justice and Minister shall make and keep a par- 
ticular record of all marriages solemnized before them 
respectively ; and in the month of April, yearly, and eve- 
ry year, shall make a return to the Clerk of the town, 
district or plantation in which he lives, certifying the 
names (both christian names and surnames) of all the per- 
sons who have been by them respectively joined together 
in marriage within the year then last past, if any such 
have been by them so joined together. A«d if it shall so 
happen, that any one or more of the said Justices or Min- 
isters shall not have joined together in marriage, any per- 
sons during the course ofr the year then last past, it shall 
be the duty of such Justice or Minister also to certify to 
the said Town Clerk, in writing, under his hand, that he 
has not joined any person in marriage within the course 
of the said year: And if any Justice or Minister shall 
neglect to make such return, within the month of April , 
annually, the Clerk of the town, district or plantar n, 
4* 



<S CLERKS. 

where such delinquent Justice or Minister lives, shall? 
without delay, certify such neglect to the Clerk of the 
Court of Gen-era! Sessions of the Peace of the same coun- 
ty, who shall lay the same before the said Court at their 
next session ; and the person so neglecting shall be cited 
to appear before the said Court, to answer for such eeg- 
lect ; and if no sufficient reason shall be assigned there- 
for, he shall be considered and adjudged disqualified for 
joining persons in marriage for a term of time, not exceed- 
ing ten years, at the discretion of the Justices of the said 
Court. And every town and district Clerk shall duly 
and seasonably record all marriages, so certified to him, 
as aforesaid, and shall also return a list or copy thereof to 
the Clerk of the Court of General Sessions of the Peace of 
the same county, some time in the month of May, yearly 
and every year, to be there recorded, upon penalty of for- 
feiting Twenty Shillings for each neglect : And it shall 
be the duty of each Clerk of the Sessions to prosecute for 
every such neglect, in the county to which he belongs- 
Agd every Clerk of the Sessions shall record all such re- 
turns of marriages at large in a book to be kept for that 
purpose, and no other, under the same penalty for each 
neglect. 

Any marriages which have been or hereafter may be 
had and solemnized, among the people called Quakers, or 
Friends, in the manner and form used and practised in 
their societies, shall be good and valid in law, any thing 
in this Act to the contrary notwithstanding : And the 
Clerk, or keeper of the records of the meeting wherein 
such marriage shall be had and solemnized, shall once a 
year make a certificate, under his hand, of all marriages 
had and solemnized, in the society, or meeting, to which 
he belongs, and shall deliver the same to the Clerk of the 
Court of General Sessions of the Peace of the county. 
wherein the marriages have been had and solemnized, 
under the penalty of Twenty Shillings for each neglect.. 
All fines, not particularly appropriated, shall be to the 
use of the prosecutor. 

The statute of 1820, chap, 55. sect. 2. provides, That 
when ever any persons who may lawfully enter into the 
marriage state, shall belong to, or be resident in a town 
or district, in which there shall be no stated ordained 
minister of the gospel, of the sect or denomination to 



CLERKS. 43 

which such persons, or either of them belong, it shall and 
may be lawful for any settled ordained minister of the 
sect or denomination to which such persons or either of 
them belong, residing in any other town or district within, 
this Commonwealth, to solemnize marriage between such 
persons, within the town or district where they or either 
of them resides, the certificate of which marriage, shall be 
filed with the clerk of the town or district where said 
marriage shall be solemnized ; and the duties of Minis- 
ters and Town Clerks, in relation to certificates of mar- 
riage, solemnized under the provisions of this act. and 
the penalties for the neg : ect thereof, shall be the same as 
are provided in the act, entitled an act for the orderly 
solemnization of marriages. 

5. To record Births and Deaths. 

IT shall be the duty of every Town Clerk and eve- 
ry District C!erk, within this Commonwealth, to record 
all births and deaths which shall happen within his town 
or district and come to his knowledge, together with the 
time of such birth or death, and the names of his or her 
parents if known, for the fees allowed by law, to be paid 
by his town or district. 

It shall be the duty of parents to give notice to the 
Clerk of the town or district, in which they dwell, ot 
all the births and deaths of their children ; and it 
shall be the duty of every householder, to give notice of 
every birth and death which may happen in his house ; 
aiid of the eldest person next of kin to give such notice of 
the death of his kindred ; and it shall be the duty of the 
master or keeper of any alms house, work house or prison, 
and of the master or commander of any ship or vessel^ 
to give notice of every birth and death, which may happen 
in the house or vessel under his care or charge, to the Clerk 
of the town or district in which such events shall happen : 
And in case any person, whose ciutv it shall be, by virtue 
of this Act, to give notice as aforesaid, shall neglect to 
perform the same, for the space ot six months after the 
birth ov death shall happen, the person so neglecting, shall 
pay a fine of one dollar, to be recovered with costs of suit 
on complaint before any Justice of the Peace for the same 



44 CLERKS. 

county, to the use of any inhabitant of the same town, who 
shall prosecute for the same ; from which judgment there 
shall be no appeal. 

6. Lost Goods and stray Beasts. 

THE statute of 1788 provides, That whosoever 
shall find any money or goods lost of the value of six shil- 
lings or upwards, whereof the owner is unknown, the find- 
er shall, within ten days next following, at the furthest, 
give notice thereof in writing, unto the Clerk of the town 
in which they are found, and pay him one shilling and 
six pence for making an entry thereof in a book to be kept 
for that purpose, and for procuring the same to be record- 
ed with the Register of Deeds for the same county, as is 
in this act directed : And the finder shall also cause a 
notification thereof to be posted up in some public place 
within the same town, and also shall cause the same to 
be publicly cried therein, on three several days, provid- 
ed there shall beany public Crier in said town: And if 
the money or goods, so found, be of the value of forty 
shillings, or upwards, then to be cried as aforesaid, and 
notice thereof posted up in like mariner, in the same, and 
the two next adjoining towns, within one month next after 
such finding. 

Every person who shall find and take up any stray 
beast, shall cause the same to be entered, with the color 
and marks, natural and artificial, and also to be posted 
up and cried in manner and time as aforesaid; and like- 
wise, within ten days, put, and from time to time keep a 
withe about the neck of such stray beast (sheep only ex- 
cepted from being withed) on pain of losing all his charges 
about it afterwards: And such finder of lost goods or 
stray beast, shall also within two months, and before any 
use or improvement thereof is made to its disadvantage, 
procure from the Town Clerk, or a Justice of the Peace, 
a warrant directed to two such disinterested judicious 
persons as the Clerk or Justice shall appoint, returnable 
into the Town Clerk's office in seven days from the date, 
to appraise and value the goods or stray beast upon oath, 
at the true value thereof in money, according to their best 
judgment, and to administer an oath unto them for that 



CLERKS. 45 

purpose accordingly, which warrant and oath the Clerk 
and Justice are hereby respectively authorised to issue 
and administer. 

If the owner of any such lost money, goods, or stray 
beast, appear within one year and a day next after such 
notice of the finding given to the Town Clerk as afore- 
said, and make out his tight and title thereunto, he shall 
have restitution of the same, or the full value thereof, al- 
lowing and paying three pence for each time it was cried, 
and the money paid for entering the same as aforesaid, 
together with such necessary charges as shall have arisen 
in keeping, notifying, appraising, and necessary travel re- 
specting the business, to be liquidated and adjusted by 
some Justice of the Peace of the same county, in case of 
disagreement between the owner and finder: And if no 
owner appear within one year and a day as aforesaid, then 
such strays, lost money or goods, shall be and remain to 
the finder, he paying one half of the value thereof (all ne- 
cessary charges being first deducted) according to ap- 
praisement, unto the Treasurer of such town, for the use 
of the poor thereof, and to be recovered by the Town Trea- 
surer, (upon neglect or refusal to pay the same) as in other 
cases. 

The Town Clerk shall once every two months trans- 
mit to the Register of Deeds in the county where he lives, 
an authentic copy under his hand of ail entries that shall 
be made with him of lost money, goods, or strays, except- 
ing all such lost goods or strays as shall be delivered to 
the owner thereof, within the said two months, and shall 
pay to the Register six pence for each copy of an entry 
transmitted to him as aforesaid ; and the Register shall 
keep a book, wherein he shall record ail entries transmit- 
ted by the Town Clerk as aforesaid, and give out copies 
of the same when desired, at the price of six pence for 
each copy, and for searching such record shall be allowed 
two pence and no more. And if any Town Clerk or Re- 
gister shall neglect or fad of doing his duty, as by this 
act is provided and directed, their respective fees being 
paid, or rendered unto them as is in this act mentioned, 
he shall for every such neglect, forfeit and pay the sum of 
forty ^killings, one half to the use of the* county, and the 
o\ er half to him or them that will prosecute and sue 
therefor. 



46 CLERKS. 

If any finder .of any- lost goods, money, or stray beast., 
of the value of six shillings or upwards, shall neglect to 
cause the same to be entered, cried or posted up in man- 
ner and time, as before directed, or to withe such stray 
beast, he shall forfeit and pay the full value of such goods, 
money or stray beast, one half to the use of the county, 
and the other half to him or them that will prosecute and 
sue for the same. And if the owner of any stray beast, or 
other person, shall take oSFthe withe from the" same, or 
take away such stray beast before all the necessary charges 
arisen, for entering, crying, notifying, ■• keeping and ap- 
praising thereof be defrayed, such person so offending 
shall forfeit and pay untotfie finder of such stray beast, 
the full value of the same. 

No person, from the fifteenth day of J2pril 9 to the first 
day of November, shall take up any horse, gelding, mare 
or other beast for a stray, unless such beast be taEen da- 
mage feasant in some inclosure, and impounded for that, 
or some other sufficient cause. 

The statute of June 13, 1815, provides, That from and 
after the passing of this act, any person who shall find 
and take up any horse or horse kind, as a stray, and shall 
have procured the same to be appraised, agreeably to the 
provisions of the act, entitled an act respecting lost goods 
and stray beasts, in case the same shall be appraised at a 
sum not exceeding twenty dollars, shall, at the expiration 
of two months after such appraisal, proceed to sell the 
same at public vendue, having given four days previous 
notice of the time and place of sale, and shall pay over the 
money for which such horse may be sold, to the Treasurer 
of the, town in which he lives, after deducting therefrom 
the expences of taking up, posting and appraising such 
horse as provided for in the act, to which this is in addi- 
tion, with one dollar for his fee in selling such horse. 

The owner of such horse, so taken up and sold, shall 
be entitled to receive the money so deposited with the 
town Treasurer ; Provided he shall apply for the same 
within the space of one year after the same shall ^ have 
been paid to the Treasurer aforesaid; and in case the 
owner of such horse, shall neglect to apply for such money 
for the term of one year, the same sh°Jl be appropriated 
as is provided by the act to which this is in addition. 



CLERKS. 4 T 



To summon Witnesses. 



THE stat. of Oct. SO, 1784 provides, That the 
Clerk of each town respectively, within this Common- 
wealth, as well as the Clerks of the several Courts afore- 
said, may, and are hereby respectively empowered to 
grant summons for witness in civil cause's, directed to the 
person to be summoned for witness; which summons 
shall be made out in the form following, that is to say, 

[Subpoena/or witnesses."] 

'S , ss. 

To A. B. o/C. [addition.] Greeting. 

YOU are hereby required, in the name of the Common- 
wealth of Massachusetts, to make your appearance before 
the Justices of the nest to be holden at B. within 

and for the county of S. on the Tuesday of 

to give evidence of what you know relating to an action or 
plea of then and there to be heard and tried betwixt 

A. B. of C. [addition J plaintiff, and D. E.rt E. [addition] 
defendant. Hereof fail not, as you will answer your de- 
fault under the pains and penalty in the law in that behalf 
made and provided. Dated at B. the day of 

ia the year of our Lord 

A. D. Clerk. 

8. To read certain Laws. 

IT is made the duty of Town Clerks to read the 
following act at the opening of the annual meeting in 
March or April * 

An Act to prevent profane Cursing and Swearing. 

WHEREAS the horrible practice of profane curs- 
ing and swearing is inconsistent with the dignity and ra- 
tional cultivation of the human mind, with a due rever- 
ence of the Sup. erne Being and his Providence, and hath 
a natural tendency to weaken the solemnity and obliga- 
tion of oaths lawfully taken in the administration of Jus- 
tice ; to promote falsehood, perjuries, blasphemies and 



48 CLERKS. 

dissoluteness of manners, and to loosen the bonds of civil 
society : 

1 . Be it therefore enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That if any person, who has arriv- 
ed at discretion, shall profanely curse or swear, and shall 
be thereof convicted, such person so offending, shall for- 
feit and pay a sum not exceeding two dollars, nor less 
than one dollar, according to the aggravation of the offence, 
and the quality and circumstances of the offender, in the 
judgment of the Court or Justice of the Peace before whom 
the conviction may be ; and in case the same person shall 
after one conviction as aforesaid, offend a second time, 
such offender shall forfeit and pay upon such second con- 
viction, double the sum forfeited on the first conviction ; 
and in case the same person shall after two convictions as 
aforesaid, again offend, such offender shall forfeit and pay 
upon each and every subsequent conviction, treble the 
sum forfeited on the first conviction ; and if, on any trial 
and conviction, proof shall be made that more than one 
profane oath or curse were sworn or uttered, by the same 
person, at the same time, and in the presence or hearing 
of the same witness or witnesses, the person so offending, 
for every profane oath or curse, after the first, shall for- 
feit and pay a sum not exceeding fifty cents, nor less than 
twenty five cents, in addition to the sum forfeited as first 
above specified : One moiety of the several forfeitures, 
aforesaid, to be to the use of the poor of the town in which 
the offence shall have been committed, and the other moi- 
ety thereof to the use of the person or persons who shall 
make complaint thereof or prosecute for the same. And 
in case any person convicted of profane Cursing or Swear-* 
ing, shall not immediately pay the sum or sums so for- 
feited, such person shall be committed to the common 
gaol or house of correction, there to remain, not less than 
one day nor more than five days. Provided nevertheless, 
That when any person shall have been convicted of pro- 
fane Cursing or Swearing before any Justice of the Peace, 
and having appeared before such Justice and pleaded the 
general issue, or demurred to the charges in the complaint 
against him, it shall be lawful for such defendant to ap- 
peal from the sentence of such Justice to the Justices of 
the next Court of General Sessions of the Peace, to be 



CLERKS. 49 

holden in and for the county wherein the offence was 
committed, who shall hear and finally determine the 
same ; the appellant churning such appeal at the time of 
declaring such sentence by said Justice, and then and 
there recognising with sufficient surety or sureties in a 
reasonable sum, not exceeding twenty dollars, to prose- 
cute his said appeal with effect, and to perform the order 
of said Court therein. 

2. And be it further enacted, That if any person si all 
profanely curse or swear in the hearing of any SheriiF, 
Deputy Sheriff, Coroner, Constable, Grand Juror orTyth- 
ingman, it shall be the duty of such Officers, respectively, 
forthwith to give information thereof to some Justice ot 
the Peace of the county wherein the offence may be com- 
mitted, in order that the offender may be taken, convicted 
and punished for the same : Which conviction shall be 
drawn up in the form following : 

ss. Be it remembered, That on the 

day of , in the year of our Lord , A. B. 

was convicted before me, one of the Justices of the Peace 
for the County of , of Swearing one (or more) 

profane oath (or oaths) or of uttering one (or more) pro- 
fane curse (or curses) as the case shall be. Given under 
my hand, the day and year aforesaid. 

Provided always, audit is hereby further enacted, That 
no person shall be convicted or troubled for the offence 
of profane Cursing or Swearing, unless the prosecution 
for such offence shall be commenced within twenty days 
next after the offence shall be committed. 

3. .find be it further enacted, That the Clerks of the 
several towns, districts ttnd plantations in this Common- 
wealth shall cause this Act to be publicly read, at the 
opening of their respective annual meetings in the month 
of March or April ; and if the Clerk of any town, district 
or plantation shall neglect so to do, he shall forfeit and 
pay the sum of ten dollars for each neglect, to be recover- 
ed by an action of debt in any Court proper to try th< 
same ; one moiety thereof to the use of the person or per 
sons sueing therefor, and the other moiety thereof to th 
use of this Commonwealth. 

4. And be it further enacted, That the Secretary sha 
cause to be transmitted a printed copy of this Act to eac 
of the public teachers of Religion within this Common 

5 



50 CLERKS. 

wealth, to whom it is hereby recommended to read, or 
cause the same to be publicly read to their several con- 
gregations annually, on the day of the Public Fast. 

5. And be it further enacted, That all Laws heretofore 
made for preventing profane Cursing and Swearing, be, 
and hereby are repealed. 

SO OF THE FOLLOWING ACT. 

An Act to prevent Routs, Riots, and tumultuous Assem- 
blies, and the evil Consequences thereof 

WHEREAS the provision already made by law 
for the preventing routs, riots and tumultuous assemblies 
and the evil consequences thereof has been found insuffi- 
cient : 

Sect. t. Be it therefore enacted by the Senate and 
House of Representatives, in General Court assembled, and 
by the authority of the same, That from and after the pub- 
lication of this Act, if any persons to the number of twelve 
or more, being armed with clubs, or other weapons ; or if 
any number of persons, consisting of thirty or more, shall 
be unlawfully, routously, riotously or tumultously assem- 
bled, any Justice. of the Peace, Sheriff or Deputy Sheriff 
of the County, or Constable of the town, shall, among the 
rioters, or as near to them as he can safely come, com- 
mand silence while proclamation is making, and shall 
openly make proclamation in these or the like words : 

COMMONWEALTH OF MASSACHUSETTS. 

BY virtue of an Act of this Commonwealth, made and 
passed in the year of our Lord One thousand seven 
hundred and eighty-six, entitled, "An Act for sup- 
pressing routs, riots and tumultuous assemblies and the 
evil consequences thereof," 1 am directed to charge and 
command, and I do accordingly charge and command 
ail persons, being here assembled, immediately to dis- 
perse themselves, and peaceably to depart to their habi- 
tations, or to their lawful business, upon the pains in- 
flicted by the said Act. 

GOto SAVE THE COMMONWEALTH, 



CLERKS. 51 

And if such persons, assembled as aforesaid, shall not 
disperse themselves within one hour after proclamation 
made, or attempted to be made, as aforesaid, it shall be 
lawful for every such officer to command sufficient aid, 
and he shall seize such persons, who shall be had before a 
Justice of the Peace ; and the aforesaid Justice of the 
Peace, Sheriff or Deputy Sheriff is hereby further empow- 
ered to require the aid of a sufficient number of persons in 
arms, if any of the persons assembled as aforesaid shall 
appear armed : And if any such person or persons shall 
be killed or wounded by reason of his or their resisting 
the persons endeavoring to disperse or sfcize them, the said 
Justice, Sheriff, Deputy Sheriff, Constable and their assis- 
tants, shall be indemnified and held guiltless. 

Sect. 2. Jlnd be it further enacted, That if any per- 
son being commanded by such Justice, Sheriff, Deputy 
Sheriff or Constable, as aforesaid, shall refuse or neglect 
to afford the assistance required, and shall be convicted 
thereof upon the oath of either of the said officers so com- 
manding or other legal evidence, he shall forfeit and pay 
a sum not less than Forty Shillings, nor exceeding Ten 
Pounds, to be recovered by indictment or presentment be- 
fore the Supreme Judicial Court or any Court of General 
Sessions of the Peace, according to the aggravation of the 
offence ; to be paid into the public treasury for the use of 
the Commonwealth. 

Sect. 3. Andbe it further enacted, That all persons 
who, for the space of one hour after proclamation made or 
attempted to be made, as aforesaid, shall unlawfully, rout- 
ously, riotously and tumultuously continue together, or 
shall wilfully let or hinder any such officer, who shall be 
known or shall openly declare himself to be such, from 
making the said proclamation, shall forfeit all their lands, 
tenements, goods and chattels to this Commonwealth, or 
such part thereof as shall be adjudged by the Justices, be- 
fore whom such offence shall be tried, to be applied to- 
wards the support of the government of this Common- 
wealth ; and shall be whipped thirty-nine stripes on the 
naked back at the public whipping-post, and suffer im- 
prisonment for a term not exceeding twelve months nor 
less than six months ; and once every three months dur- 
ing the said imprisonment receive the same number of 
atripes on the naked back at the public whipping-post ^a* 



52 CLERKS. 

aforesaid. And if any such person or persons, so riot- 
ously assembled, shall demolish or |pull down, or be- 
gin to demolish or pull down, any dwelling-house or other 
house or parcel thereof; any house built for public uses ; 
any barn, mill, malt-house, store-house, shop or ship, he 
or they shall suffer the same pains and penalties as are 
before provided in this act. 

Provided always, That where there shall appear any 
circumstances to mitigate or alleviate any of the offences 
against this Act in the judgment of the Court, before which 
such offence shall be tried, it shall and may be lawful for 
the Justices oi such Court to abate the whole of the pun- 
ishment of whipping, or such part thereof as they shall 
judge proper; any thing in this act to the contrary not- 
withstanding. 

Sect. 4. Jlndbe it further enacted, That this Act shall 
be read at the opening of every Court of General Sessions 
of the Peace by the Clerk of the said Court, and at the 
anniversary meeting of each town within this Common- 
wealth by the Town Clerk thereof in March or April an- 
nually : And no person shall be prosecuted for any offence 
contrary to this Act, unless prosecution be commenced 
within twelve months after the offence committed. 
[This Act passed October £8, 1786.] 

9. Fees. 

For Marriages. 

TO the Town Clerk for publishing the banns of 
Matrimony, recording the same, giving a certificate of the 
publishment, and recording the marriage upon receiving 
the Justice's or Minister's certificate thereof, fifty cents, 
to be paid by the man published, on receiving a certifi- 
cate of the publishment. 

And the Town Clerk shall not in future be holden to 
return certificates of Marriages to the Clerks of the 
Courts of General Sessions of the Peace, nor Clerks last 
mentioned to record the same. 

To the Town Clerk for recording births, and deaths, 
eight cents each. For a. certificate of a birth or death, 
ten cents. 



CLERKS. 53 

For a subpcena for one or more witnesses, ten cents. 

For swearing commissioners and appraisers with certi- 
ficates of same, twenty cents. — For recording deeds and 
for copies, twelve cents a page. A page in law is 224 
words. 

JO. Oaths. 

AS no town officer can lawfully execute the duties 
of his office until he is sworn according to law, certificates 
of the oaths made out by the moderator or Justice of the 
Peace should be filed among the papers of the town. But 
if the Clerk administers the oath, it is sufficient, if he en- 
ters it of record. 

TOWN CLERK'S OATH. 

YOU swear, That in the office of Town Clerk, 

within the town of B , whereto you are chosen, you 

will diligently and faithfully attend and discharge the du*> 
ty of your place, and duly observe the directions of the 
law in all things whereto your office hath relation, and 
thereby committed to your care and trust. So help you 
God. 

OATH FOR TOWN OFFICERS. 

YOU swear, That you will, from time to time, dili- 
gently and faithfully discharge and execute the office of 

within the limits whereto you are appointed for 

the ensuing year, and until another be chosen in your 
place ; and that in and by all the particulars mentioned in 
the laws whereto your office hath relation ; and that you 
will do therein impartially according to law, without fear 
or favour. So help you God. 

Note See duty of Town Clerks in relation to impounded swine* 
under the head of H ogre eves. 

5* 



COMMISSIONERS OF SEWERS. 

An Jlct for appointing Commissioners of Sewers, and 
making provision for the better improvement of Loio 
Lands in certain cases. 

WHEREAS many tracts of meadow, low, or 
swamp lands, beiongirrg to several towns in this Com- 
monwealth, are often damaged or spoiled, by being flow- 
ed, and stagnant waters remaining thereon ; to remove 
which, and the better to improve such lands, it is found 
necessary to remove obstructions in rivers, brooks and 
streams, leading therefrom, as also, at certain seasons of 
the year, to erect dams to flow the same : 

1. Be it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority 
of the same, That when the major part, in interest, of the 
Proprietors, of any such lands shall find it necessary to 
flow or drain the same, they may apply to the Court of 
Common Pleas in the county wherein such lands, dams, 
and obstructions may be ; and when such lands, rivers, 
brooks and streams shall be situated in different counties, 
then to the Supreme Judicial Court to be holden in either % 
and on such application, the said Court shall notify the 
Proprietors concerned in the said lands, to appear at the 
same Court at the same or the next term thereof, in such 
manner and form as the said Court shall judge proper; 
and if on hearing the said Proprietors, it shall be deemed 
for their general benefit, by the said Court, to have such 
dams erected, or such obstructions removed ; the said 
Court shall appoint and commission not less than three, 
ior more than seven discreet freeholders, Commissioners 
to view the premises, to notify and hear all concerned 
therein ; which Commissioners shall be sworn to a faithful 
discharge of their duties, and shall have power from time 
to time, to meet and determine when, and where and in 
what manner such dams shall be erected, or such obstruc- 
tions shall be removed ; and to employ workmen to ef- 
fect the same, for such reasonable wages as the said Com- 
missioners shall agree to give. Unless the said Proprie- 
tors themselves shall do the same in such time and mari- 
ner as the said Commissioners shall direct. 



COMMISSIONERS OF SEWERS. 55 

2. And be it further enacted, That the said Commission- 
ers, from time to time, shall have power to assess the 
several Proprietors of such lands, their respective propor- 
tions of the charges of erecting and continuing such dams, 
and of removing such obstructions, having regard to the 
quality, situation, and quantity of each Proprietor's part 
of such lands, and the benefit he or she will receive ; and 
also to appoint and swear a Collector or Collectors, for 
collecting the said taxe of the said Proprietors, and to 
pay the same to such person as the said Commissioners 
shall appoint to receive them. And the said Collector or 
Collectors shall receive from the said Commissioners a 
list or lists of the said assessments, with their warrant or 
warrants for collecting the same ; and thereon such Col- 
lector or Collectors shall have the same powers to collect 
the said taxes, and to distrain therefor, as Collectors have 
by law, in the collection of town taxes. 

And the said Commissioners shall have power to call 
before them the said Collector or Collectors, to render an 
account of the monies he or they shall collect as aforesaid ; 
and on his or their neglect to render such account for the 
space of twenty days, he or they shall be liable to pay the 
whole amount of his or their list, to be recovered by the 
said Commissioners in an action of debt, in any Court 
proper to try the same. 

3. And be it further enacted, That the said Commis- 
sioners shall be allowed out of the said assessments, for 
their services, so much as the Court appointing them shall 
think reasonable ; to which Court the said Commissioners 
shall be liable to render an account of all monies so as- 
sessed and collected, whenever thereto required ; and 
the said Collector or Collectors shall have such a coir mis- 
sion on the monies he or they shall so collect and pay over, 
as the said Commissioners shall allow. 

4. And be it further enacted, That every tenant for 
years, in dower, by the courtesy, for life, mortgagor or 
mortgagee, in possession, shall be deemed a Proprietor to 
all the purposes of this act. 

5. And be it further enacted, That when the said Com- 
missioners, in order to form a just view of such lands, shall 
think it expedient to open the flood gates of any mill, or to 
make other needful passages through or round the dam 
thereof, or to erect any dam on the land of any person. 



58 COMMISSIONERS OF SEWERS. 

the more expeditiously to remove such obstructions, thej 
shall have power to do the same, and for such time as they 
shall find necessary to reduce or raise the said waters for 
the purpose of forming such view or for removing such ob- 
structions : And if the owner or occupant of any such 
mill, mill dam or land shall thereby sustain damages, he 
shall be reimbursed therefor by the said Proprietors ; and 
seasonably to make such reimbursement, the said Commis- 
sioners shall assess the said Proprietors their respective 
proportions thereof, in manner aforesaid, to be collected* 
paid and accounted for as aforesaid. 

6. And he it further enacted. That if any such Propri- 
etor or other person shall find him or herself aggrieved by 
the doings of the said Commissioners, or any other persons 
in pursuance of this act, he or she shall have a right to ap- 
peal to the Court which appointed the said Commission- 
ers ; and where any issue of fact shall be joined in either 
of the said Courts, it shall be tried by a Jury ; and if any 
party shall be dissatisfied with the decision made by any 
such Court of Common Pleas, of any question of law, the 
said party shall so state the facts on the record thereof, 
by a special plea, or otherwise, as to bring the same ques- 
tion of law into view, and shall thereon be entitled to a 
writ of error out of the Supreme Judicial Court. 



DISTRICTS. 



ALL places incorporated by the name of districts, be- 
fore the first day of January, one thousand seven hundred 
and seventy seven, are hereby declared to be towns,to every 
intent and purpose whatever ; and places incorporated 
by the name of districts, since the same first day of Janu- 
ary, one thousand seven hundred and seventy seven, or 
such places as may hereafter be incorporated by the name 
of districts, are and shall be entitled to all the privileges, 
and vested with all the powers in this act expressed, as 
amply to every intent and purpose, as they could have 
been, if expressly named herein. 

JYote. See title towns, for the duties and powers of districts. 



ENGINES AND ENGINE MEN. 



1. The appointment of engine men. 

£. Their duty ; their exemptions ; and the liabili- 
ty of persons for injuring engines* 



1 . The appointment of engine men* 

THE Statute of 1786, act 1, sec. 1, provides, That 
the selectmen of such towns in this commonwealth, as are 
or may be provided with a fire engine or engines, are here- 
by empowered, if they judge it expedient, to nominate and 
appoint a number of suitable persons, for engine men, not 
exceeding fifteen for one engine ; who shall continue in 
said office, during the pleasure of such selectmen.* 

The Statute of 1806, act 11, sec. 1. provides, That the 
selectmen of the several towns in this commonwealth, are 
hereby respectively authorized and empowered, if they 
shall judge it expedient,fto nominate and appoint, from time 
to time, any number not exceeding six men to each engine, 
in addition to the number of fifteen men now authorized 
by the statute of Feb. 7, 1786, act 1, sec. 1, amounting to 
twenty one men for each engine. 

Sec. 2, The selectmen of the several towns in this 
commonwealth, are hereby respectively authorized and 
empowered, if they shall judge it expedient, to nominate 
and appoint, from time to time, any number not exceeding 
four men to each engine, in addition to the said number of 
twenty one men : provided however, that such addition 
be made with the consent of the commanding officers of 

* Boston and Charlestown were authorized to increase the num- 
ber, March 4, 1800, March 5, 1804. Similar powers were given 
to Roxbury, June 21, 1802 : to Portland, Feb. 7, 18Q3> June 23, 
I8O4 : to Cambridge, June 20, 1803* 



ENGINES AND ENGINE MEN. 59 

the respective military companies, from which such addi- 
tional number may be taken: and provided also, that no 
military company be thereby reduced under the number 
prescribed by law : and all engine men appointed in pur- 
suance of this act, shall continue in office during the pleas- 
ure of the selectmen of the several towns, whereto they 
may belong, and shall enjoy all the privileges and exemp- 
tions to which other engine men are or may hereafter be 
by law entitled. 

The statute of 1786, act 1, sec. 3. provides, That when 
ever the proprietor or proprietors of any engine or engines, 
shall apply to the selectmen of any town in which the 
: aid engine or engines may be, setting forth that they 
iave such engine or engines, which they are desirous 
should be employed for the benefit of the said town, the 
selectmen of such town, upon application as aforesaid, 
may appoint engine men in the same manner, with the 
same privileges, and subject to the same regulations, as 
though the said engine or engines were the property of 
the said town. 

Their duty ; their exemptions ; and the liability 
of persons for injuring engines. 

Sec. 1. Engine men nominated and appointed, as is 
before provided by this section of the statute, are hereby 
authorized and empowered to meet together some time in 
the month of May, annually ; at which meeting, they 
shall have authority to choose a master, or director, and 
clerk of the said engine; and establish such rules and re- 
lations, respecting their duty as engine men, as shall 
be approved of by the selectmen, and to annex penalties 
o the same, which may be recovered by the clerk of said 
ngine men, before any justice of the peace in the same 
ounty: provided, no penalty shall exceed forty shillings, 
.nil that such rules and regulations shall not be repug- 
nant to the laws of this commonwealth. 

Sec. 2. The respective companies of engine men, who 
nay be nominated and appointed, in pursuance of this 
ct, shall be held and obliged to meet together once a 
aonth, and more often, if necessary, for the purpose of 
'xamining the state of the engine to which they belong, 



60 ENGINES AND ENGINE MEN. 

and the appendages belonging to the same, and seeing that 
the said engine is in good repair, and ready to proceed 
on any emergency, to the relief of any part of the com- 
munity that may be invaded by the calamity of fire ; and 
the said engine men appointed as aforesaid, shall be held 
and obligeuMo go forward, either by night or by day, un- 
der the direction of the fire wards in the same town, and 
to use their best endeavours to extinguish any fire that 
may happen in the same town, or the vicinity thereof, and 
shall come to their kaowledge, without delay. 

The statute of 1806, act 11, sed. S. provides, That 
the said selectmen may, in their discretion, select from 
the engine men aforesaid, any number for each engine in 
their respective towns, whose duty it shall be, under the 
direction of the firewards, to attend fires therein, with 
axes, fire hooks, fire sails and ladders ; and who shall do 
such further duty as the said selectmen shall, from time 
to time prescribe, and shall be entitled to all the exemp- 
tions and privileges provided by the second section of 
this statute. .: . ^ 

The statute of 1786, act 1, sec. 5, provides, That if 
any person, being; appointed' in manner before directed by 
this statute, shaU, in the opinion of the said selectmen, be 
recent and remiss in the duties required of him as an 
en«\ne man, by this act, it shall be the duty of the select- 
man in the same town, upon sufficient evidence thereof, to 
discharge him from said company, and proceed to appoint 
another engine man in his room, in the manner before di- 
rected by this statute. 

Sec. 4. The persons who may be appointed engine 
men, in pursuance of this act, are hereby exempted trom 
serving as jurors, or in the office of a constable, during the 
time they may be employed in the service aforesaid. 

The statute of 1810, sec. 1, provides, That such engine 
men as shall annually produce to the commanding officer 
of the company within whose bounds they reside, certifi- 
cates from the selectmen of their respective towns, that 
they have been legally appointed, and are bound to per- 
form the duties of engine men, are exempted from militia 
duty. 

The statute of 1802, provides, That if any person shall 
wantonly or maliciously spoil, break, injure, damage, or 
render useless, any engine, or any of the apparatus there- 



ENGINES AND ENGINE MEN. 



61 



to belonging, prepared by any to\yir, society, person or 
persons, for the extinguishment of fire, and shall be con- 
victed thereof, before the supreme judicial court, he 
shall be punished by a fine not exceeding live hundred 
dollars, or by imprisonment not exceeding two years, at 
the discretion of the court; and be further ordered to re- 
cognize, with sufficient surety or sureties, for his good 
behaviour, for such term as the court shall order. 



FENCE VIEWERS. 

1 . How chosen, S^c. — What a sufficient Fence* 

2. General and Oommon Fields. 

1. How chosen, 8{c.—-Whata sufficient Fence. 

An Act for regulating Fences. 

IN every town and district within this Govern- 
ment, there shall be chosen annually by the inhabitants 
thereof, at the time of their meeting for the choice of town 
officers, two or more judicious and discreet freeholders, 
being inhabitants of the same town or district, to be Fence 
Viewers, to be sworn as other town officers are sworn to 
the faithful discharge of the duties of their office, each of 
whom, in case of refusal, after seven days' notice, shall 
pay a fine of Thirty Shillings, and another person shall 
be forthwith chosen in his stead, the fine to be to the use 
of the same town or district. 

Sect. 2. All fences of four feet high, and in good re- 
pair, consisting of rails, timber, boards or stone walls ; 
and also brooks, rivers, ponds, creeks, ditches and hedges, 
or other matter or thing equivalent thereto, in the judg- 
ment of the Fence Viewers, within w r hose jurisdiction the 
same shall lie, shall be accounted legal and sufficient 
fences; and the respective occupants of lands inclosed 
with fence, shall keep up and maintain partition fences 
between their and the next adjoining inclosures, in equal 
halves, so long as both parties continue to improve the 
same ; and in case either party shall neglect or refuse to 
repair or rebuild the fence which of right he ought to main- 
tain, the aggrieved party may forthwith apply to two or 
more Fence Viewers of such town, duly chosen and 
sworn, to survey the same ; and upon their determination 
that the fence is insufficient, they shall signify the same> 



FENCE VIEWERS. 63 

in writing, to the occupant of the land, and direct him to 
repair or rebuild the same within six days; and if the 
same fence shall not be repaired or rebuilt within the said 
term of six days, it shall be lawful for the complainant 
that improves the lands adjoining, to make up, amend or 
repair the deficiency ; and when the same shall be com- 
pleted and adjudged sufficient by two or more of the 
Fence Viewers, and the value thereof, together with ihe 
Fence Viewers' fees ascertained in writing, the com- 
plainant shall have a right to demand and receive of the 
occupant, lessor or freeholder of the land where the fence 
was deficient as aforesaid, at his election, double the sum 
thus ascertained as aforesaid, for the expense of amend- 
ing, surveying and viewing the fence; and in case of rieg- 
let t or refusal to make payment thereof, for the space of 
one calendar month after demand made of t\\e person 
against whom he shall make his election, lie may sue for 
and recover the same, by a special action of the case in 
any court proper to try the same, and interest, One per 
cent* per month, until judgment shall be rendered there- 
for. 

Sect. 3. When any dispute shall arise about the re- 
spective occupant's light in partition fences, and his or 
their obligation to maintain the same, upon application 
made by either party to tw r o or more Fence Viewers of 
such town where the lands lie, they are hereby empower- 
ed after due notice to each party, to attend at time and 
place, if they see cause, to assign to each party his share 
Thereof, in writing: which assignment being recorded \\\ 
the Town Clerk's office, shall be binding upon such per- 
sons, and the succeeding occupiers of the respective lands, 
and they obliged always thereafter to maintain their part 
of said fence ; and in case any of the parties shall refuse, 
or neglect to erect, keep up and maintain t]\e. part to such 
\iiirty assigned, the same may be done by the aggrieved 
party, in the manner before in this Act provided, and for 
which he shall be entitled to double the sum ascertained, 
in manner as aforesaid, and to be recovered in like mari- 
ner. And all divisional fences between man and man 
shall be kept in good repair throughout the year, unless 
the occupiers of the lands on both sides shall otherwise 
pgree, 



64 FENCE VIEWERS. 

Sect. 4. When lands belonging to ? or occupied by dif- 
ferent persons, and subjected to be fenced, are bounded 
upon, or divided from each other by any brook, pond or 
creek, which of itself is not a sufficient fence in the judg- 
ment of the Fence Viewers, and it is in their opinion im- 
practicable without unreasonable expense for the partition 
fence to be made in the middle or other part thereof, be- 
ing the true boundary line between them ; if, in such case, 
the occupant of the land on one side shall refuse or neg- 
lect to join with the occupant of the land on the other, side 
in making a partition fence on one side or the other, or 
shall disagree respecting the same, then two or more 
Fence Viewer* of the town or towns wherein such lands 
lie, on application to them made, shall forthwith view 
such brook, river, pond or creek; and if they shall deter- 
mine the same riot to answer the purpose of a sufficient 
fence, and that it is impracticable to fence at the true 
boundary line ; they shall judge and determine how, or 
on which side thereof the fence shall be set up and main- 
tained, or whether partly on one side and partly on the 
other side, as to them shall appear just, and reduce such 
their determination to writing, having first given notice to 
the parties to be present at such assignment : and if either 
of the parties shall refuse or neglect to make up and 
maintain the part of the fence to such party belonging, 
according to the Fence Viewers' determination in writing, 
as aforesaid, the same may be done and performed, as in 
this Act is before provided, and the delinquent party sub- 
ject to the same costs and charges, and to be recovered in 
like manner. 

Sect. 5. Where any lands belonging to two persons 
in severalty shall have been improved in common without 
a partition fence between them, and one of the occupants 
shall be desirous to improve his part in severalty, and the 
other occupant shall refuse or neglect, on demand, to di- 
vide the line where the fence ought to be built, or to build 
a sufficient fence on his part of the line when divided, it 
shall be in the power of the party desiring it, to have the 
same divided and assigned by two or more of the Fence 
Viewers ot the same town, in the way and manner in this 
Act provided ; and the same Fence Viewers may, in writ- 
ing assign a reasonable time, having regard to the season 
of the year, for making up the fence ; and if the occupant 



FENCE VIEWERS. 65 

complained of shall not build and erect his part of the 
fence within the time so assigned, it shall and may be 
lawful for the other party, after having made up his own 
part of the fence, to make up the other's part, and recover 
therefor double the sum it shall cost, with the fees of the 
Fence Viewers, in the way and manner in this Act before 
provided. 

Sect. 6. When one party shall cease to improve his 
land, or shall lay his inclosure, before under improvement, 
in common, he shall not have a right to take away any 
part of the partition fence that to him belongs, adjoining 
to the next inclosure that is improved: Provided the par- 
ty continuing to improve will allow and pay therefor, so 
much as two or more Fence Viewers shall, in writing, 
determine the reasonable value thereof. And whenever 
any lands which have laid unimproved and in common, 
shall be afterwards inclosed or improved by depasturing, 
the occupant, lessor or freeholder thereof shall pay for 
the one half of each partition fence standing upon the di- 
visional line between the same land and the land of the 
inclosures of any other occupant or proprietor, the talue 
and part thereof to be ascertained, in writing, in case they 
shall not agree between themselves, by two or more of 
the Fence Viewers of the same town wherein such line 
lies ; and in case such occupant, lessor, or proprietor as 
aforesaid, shall neglect or refuse to pay for a moiety of the 
partition fences, for the space of thirty days after demand 
made (the value having been ascertained as aforesaid) the 
proprietor of the fence may have arid maintain in form 
aforesaid, an action of the case for such value and the costs 
of ascertaining the same. And in all cases where the line 
upon which partition fence is to be made or divided is the 
boundary line of one or more towns, or partly in one town 
and partly in another town, a Fence Viewer shall betaken 
from each town. 

Sec i . 7. When a water fence, or fence running into 
the water is necessary to be made, the same shall be done 
in equal halves, unless by the parties otherwise agreed : 
and in case either party shall refuse or neglect to make or 
maintain the share to such party belonging, similar pro- 
ceedings shall be had, as in other cases of the like kind 
respecting fences out of the water, in this act mentioned. 
6* 



06 FENCE VIEWERS, 

Provided, That nothing in this Act contained shall ex- 
teiwi to house lots, the contents of which do not exceed 
ha if an acre ; but if the owner or owners of such lots shall 
improve, his neighbour shall be compellable to make and 
maintain one half of the fence between them, whether he 
improve or not ; or to make void any written agreement 
respecting the making or maintaining partition fences. 

Sect. 8. Any Fence Viewer duly chosen and sworn, 
who, on due notice given him and being requested by any 
person interested to view any fence complained of as in- 
sufficient, shall neglect forthwith to attend the same, shall 
forfeit and pay the sum of Twenty Shillings, to him or 
them who shall sue for the same, within forty days after 
such neglect; and each Fence Viewer shall be paid Five 
Shillings a day, Two Shillings and Fight Fence for half 
a day, and under that, One Shilling and Six Fence, for 
-the time he shall be engaged in the business of his office, 
by the person employing him. And in case the com- 
plainant shall neglect to pay the Fence Viewers their le- 
gal fees within thirty days after the service done, they 
may severally recover Dy an action of the case, double the 
amount of such fees; and each Fence Viewer may be a 
witness, for or against his companion in such suit. And 
ali laws heretofore made respecting partition fences, so 
far as they relate to lands held or improved in severalty*, 
shall be, and hereby are repealed. 

[This Act passed February 21, 1786.J 

2, General and Common Fields. . 

An Jici concerning General and Common Fields. 

IN any and every town or plantation in this Com* 
m on wealth where several allotments of land are inclosed 
and fenced in one general field, or where they have been so 
inclosed, fenced and improved, or where all the proprie- 
tors of any land shall hereafter see cause to inclose, fence 
and improve the same in such manner, such proprietors 
may, some time in March, annually,, and from time U> 
time as they judge proper, meet together to make such 
rules and adopt such modes of improvement as they shall 
think just and equitable and most for the general benefit ; 



FENCE VIEWERS. 67 

and the proprietor or proprietors of each lot respectively, 
during the time of his or their pasturing, planting, mow- 
ing, or otherwise improving his or their part in such gen- 
eral field, shall make and maintain his or their respective 
part of the whole fence, according to the quantity of acres 
of land contained in his or their allotment, until the ma- 
jor part of the propriety, at a meeting of such proprietors 
legally warned for tha purpose, shall see cause to alter 
the form of their improvement. And for the better ena- 
bling such proprietors to call a meeting for the ends afore- 
said, it shall be in the power of any Justice of the Peace 
for the county where such lands lie, upon application to 
him made by any two of the proprietors of such general 
fields, to issue out a warrant for such meeting ; which 
warrant, and also the notification of the meeting, shall ex- 
press the business thereof and shall be conducted in the 
same manner as those for calling a meeting of proprietors 
of common lands prescribed by " An Act relating tolands, 
wharves and other real estate undivided and lying in com- 
mon," passed March 10, 1784. And the whale general 
fence shall be measured, and each proprietor's part set out 
and apportioned by two or three discreet indifferent persons 
appointed and sworn for that purpose by any Justice of 
the Peace for the said county, unless the major part of the 
propriety agree and proportion the same among them- 
selves. And when the proportion of each proprietor in 
such general fence is adjusted and determined, the same 
shall be entered upon record by the Clerk of the proprie- 
ty ; and where there is no such Clerk, by the Clerk of the 
town wherein the land lies, any law, usage or custom to 
the contrary notwithstanding. 

Sect. 2. The charge arising by dividing and setting 
oft* the several parts of such fence to and among the pro- 
prietors of lands inclosed and fenced in one general field, 
and also the charge of making and maintaining of such 
ience as cannot justly be set of!' to any particular proprie- 
tor or proprietors, as his or their part, shall be borne by 
the several proprietors in proportion to their respective 
interests in such field. 

Sect. 3. The proprietors of such general fields respec- 
tively shall be and are hereby fully authorized and em- 
powered, in a proprietors' meeting for that purpose regu- 



6B FENCE VIEWERS. 

larly convened by a major vote of the proprietors then 
present (the vote to be collected according to the interest 
of the proprietors) to agree upon and pass one or more 
votes for the raising and collecting such sum or sums of 
money from time to time as they shall judge necessary for 
defraying the charges aforesaid, and for carrying on, or ma- 
naging any common affairs relating to such proprietors ; 
and that they be alike empowered to choose three or five 
Assessors for the assessing and apportioning such sum or 
sums so agreed on and voted upon the proprietors of such 
fields, according to their several interests therein ; and to 
appoint a Collector or Collectors to gather in and collect 
the same ; which Collector or Collectors shall be and are 
hereby fully empowered to levy and collect the sum or 
sums so set and apportioned for such proprietors to pay, 
in the same manner as Constables of towns within this 
Commonwealth are empowered to levy and collect the 
public rates or taxes ; and to pay in the same to the pro- 
prietors or their Clerk, who is hereby empowered to grant 
warrants, for the levying and collecting such assessment 
at such time as shall be by them appointed for the pay- 
ment thereof; and such Clerk shall be accountable to the 
proprietors therefor : the person or persons so assessing 
the said proprietors, and the Collector or Collectors that 
shall be so appointed for the gathering and collecting the 
sum or sums so* granted and agreed upon by the said pro- 
prielors to be assessed and collected as aforesaid, shall be 
under oath for the true and faithful performance of their 
services respectively : which oath shall be administered to 
them as the law provides for swearing town officers. 

Provided nevertheless, That any such proprietor who 
apprehends himself aggrieved, or over rated in the making 
or apportioning such assessment, shall have liberty to ap- 
ply to the Justices of the General Sessions of the Peace in 
the respective counties where such fields lie. for relief; 
and in such case the said Justices are hereby fully empow- 
ered to grant relief accordingly ; and their judgment shall 
be final. 

Sect. 4. The proprietors aforesaid, or the major part 
of such of them as shall be present at a meeting legally 
warned for that purpose, may choose May Wards or- 
Field Drivers, who shall be under oath, and shall have 
the same powers as if they had been chosen by a town* 



FENCE VIEWERS. 69 

Sect. 5. If any proprietor in any common or general 
Held shall put, or cause to be put therein any horse, cat- 
lie, sheep, or other creature, over and above the number 
allowed him, or before the day agreed upon ; or keep 
them longer there than the time set and limited by a ma- 
jor vote of the proprietors, he shall be deemed a trespass- 
er; and his creatures so put in shall be proceeded with 
by any of the proprietors as creatures taken damage fea- 
sant, to ail intents and purposes, as much as if he owned 
no land within such general field. 

Sect. 6. When' and so often as any trespass or tres- 
passes, shall be done in any common or general field by 
reason of the insufficiency of the fence belonging to any 
person owning the adjoining land, the party or parties 
injured shall forthwith procure two sufficient persons of 
good repute to view and adjudge of the damage done, giv- 
ing notice of such trespass to the owner or clairner of the 
horse, cattle, sheep or other creature that did the same 
(&foe be known and resident in the same town or near 
thereto) that he may be present, and nominate one of the 
appraisers of such damage, if he see cause : and the da- 
mage shall be answered according to such appraisement. 
And where damage happens through the insufficiency of 
the fence, the owner or occupant of the land to which the 
defective fence belongs, shall be liable to answer and make 
good all such damage. 

Sect. 7. Each proprietor of lands lying un fenced, or in 
any common field, shall, once in two years, on six or more 
days 9 warning, previously given him by the proprietor or 
proprietors of the land next adjoining, run the lines, and 
make or keep up the boundaries between their respective 
lands by sufficient meer-stones, on pain that every party 
so neglecting or refusing shall forfeit the sum of Ten 
Shillings to the party moving or requesting to run the 
line ; the conviction of such neglect or refusal being had 
before any Justice of the Peace within the same county, 
who is hereby empowered to hear and determine the case. 

Sect. 8. It shall and may be lawful to and for the pro- 
prietors who own the major part of the interest or proper- 
ty in any common or general field, at a legal meeting to 
be warned for that purpose, to dissolve and discontinue 
such field ; six; months being allowed to elapse before 
audi discontinuation. 



70 FENCE VIEWERS. 

Sect. 9. Provided always, That nothing contained in 
this Act shall prevent or hinder the proprietors of any 
such common field already fenced from making and main- 
taining their fences according to rules and orders former- 
ly agreed on by them at any meeting legally warned. 

Sect. 10. At every meeting of such proprietors the 
votes shall, by the Moderator, be collected and counted 
according to the interests of the proprietors present, where 
such interests are known. And whereas it often happens 
that horses, cattle, and other creatures are clandestinely 
turned into general fields, or, being unruly, break into 
the same in places where the fence is good and sufficient 
according to law ; and when, in such cases, proprietors of 
general fields impound horses, cattle or other creatures, 
the owners replevy them because the fence inclosing the 
general field is deficient in aome distant place from that 
where the horses, cattle or other creatures entered the 
same, and in consideration of such deficiency, judgment 
is unreasonably recovered against such proprietors : 

Sect. 11. Whenever horses, cattle, or other creatures, 
shall be clandestinely turned into any general field, or, 
being unruly, break into the same, and shall be taken and 
impounded by a proprietor thereof, and a writ of replevin 
shall be purchased by the owner of the horses, cattle, or 
other creatures so impounded, for the purpose of replevy- 
ing them, it shall be in the power of the Court or Justice 
before whom the action shall be brought, to give judgment 
in favour of the proprietor of the general field, upon his 
producing satisfactory evidence to the said Court or Jus- 
tice, that the horses, cattle, or other creatures replevied 
as aforesaid, were either clandestinely turned into the 
general field, or broke into the same in a part thereof 
where the fence was good and sufficient according to law, 
some other parts. of the fence inclosing the general field 
being deficient notwithstanding. 

And whereas it often happens in fencing general fields*, 
for the conveniency of fencing, considerable quantities of 
rocky and barren land not capable of tillage, are taken 
into such fields, the owners of which may be obliged to 
make fence, and also pay taxes equally with the other 
proprietors whenever an assessment is made by the pro? 
prietors of such field : which is very unjust: 



FENCE VIEWERS. 71 

Sect. 12. Be it therefore further enacted, That all 
lands now lying in general fields, or that hereafter may 
be taken into the same, that are so rocky or barren that 
the owners thereof have never improved them, either by 
mowing, ploughing, or feeding, such owners shall notbe 
obliged to make, on account of such lands, any part of the 
fence in compassing such general fields ; nor shall they 
be taxed for them in any rate or tax, raised by the proprie- 
tors of such field, until they shali make improvement 
thereon. 

And whereas the minor part of the owners or proprie- 
tors of common fields, in some instances, have been and 
may be desirous of a partition of such field into two or 
more distinct fields, from a persuasion that their shares or 
lots might (if separated and fenced off from the rest) be 
improved much more to their advantage in some manner 
different from that agreed on by the majority : To the end 
therefore that such of the owners as are or may be so 
minded, may not be unreasonably restrained by the rest 
from having such partition : 

Sect. 13. When any three or more of the owners or 
proprietors of lots in any common or general field lying 
within one general fence or inclosure, shall make applica- 
tion, in writing, under their hands to the proprietors of 
such field (at any meeting legally warned for that pur- 
pose) to have the lots or shares of the owners or proprie- 
tors so applying, or theirs with other lots or shares (taken 
together) to make one entire field, to be separated from 
the rest by one common fence, and to be improved as a 
distinct and separate, but common field ; in such case, if 
the proprietors who have the greater part of the interest 
among those who are present at such meeting, shall with- 
hold or refuse their assent to such division or partition, it 
shall and may be lawful for the Justices of the Court of 
General Sessions of the Peace for the said county, upon 
application made to them, to appoint a committee of five 
freeholders within the said county (under oath) to make 
the partition prayed for, if it shall appear to such commit- 
tee to be expedient, and to assign to each field its part 
or proportion of the divisional fence in consequence of 
such partition, to be made, kept up and maintained by the 
proprietors of the respective common fields ; and the re- 
turn being made under the hand of the major part of such 



7£ FENCE VIEWERS. 

committee, and accepted by the said Court of Sessions, 
the fields so separated shall be considered as distinct and 
separate common fields, and the owners or proprietors of 
each field a distinct and separate propriety, as fully to all 
intents and purposes whatsoever, as the owners or propri- 
etors of such general field were considered before such 
partition was made. Provided, That no order for parti- 
tion be made, or committee appointed, until the rest of the 
proprietors have been duly notified of such application, 
and opportunity given them to make their objections 
thereunto ; which notice shall be given by serving the 
Clerk of such proprietors with a copy of such written ap- 
plication, thirty days al least before such order or appoint- 
ment be made ; and every committee that shall be ap- 
pointed and employed as aforesaid, shall make return of 
their doings, in writing, under their hands, unto the said 
Court, as soon after as may be, for acceptance and confir- 
mation : and the proprietors whose interest shall be so set 
off, as well as the remaining proprietors, shall have and 
enjoy all the powers and privileges which the proprietors 
of general fields are by law vested with. 

[This Act passed February 24, 1786.] 

An Act in further addition to an Act, entitled " An Act 
concerning General and Common FieldsP 

ANY person now owning or who may hereafter 
own, any lands lying within the limits of a General and 
Common Field, within this Commonwealth, shall have the 
right to inclose his own land, at his own expense, and at 
all seasons of the year to have the exclusive and separate 
right of using and improving his own lands, so inclosed 
with a good and sufficient fence : Provided, That such 
Proprietor shall be held to maintain his proportion of the 
general fence round said Field. 

[Passed June 15, 1796.] 



FENCE VIEWERS. 73 

Jin Act in addition to an act, entitled, " An act concerning 
General an I Common Fields," passed in February \ in 
the year of our Lord, one Thousand seven Hundred and 
Eighty six. 

WHEREAS it is found necessary to make furth- 
er provision for the due regulation and repairing of fenc- 
es in Common and General Fields : 

Whenever the fence around any General and Com- 
mon Field, belonging to any freeholder, occupant or im- 
prover of any land in such field, shall become deficient and 
need repairing, the owner thereof shall immediately re- 
pair such defective fence, after being duly notified of such 
deficiency, by any fence viewer of the town wherein such 
field lieth ; and in case the owner thereof shall neglect to 
repair such defective fence, for the space of three days, 
after due notice given thereof by any Fence Viewer, as 
aforesaid, it shall and may be lawful for any freeholder 
or occupier of any lands in such fields, to repair such de- 
fective fence ; and when the same shall be completed and 
adjudged sufficient by two or more of the Fence View- 
ers of the town wherein such fence lieth, and the value 
thereof, together with the Fence Viewers' fees, ascertain- 
ed in writing, by them subscribed, the person who shall 
make up or repair such deficient fence shall have right to 
demand and receive of the occupier, lessor, or freeholder 
of the land, who ought to make up and repair the same at 
his election, double the expense of making or repairing, 
-surveying and viewing such fence ; and in case of neglect 
or refusal to make payment thereof for the space of one 
month after notice and demand made of the person against 
whom he shall make his election, to satisfy him therefor, 
he may sue for and recover the same by a special action 
of the case, with costs of suit, in any Court proper to try 
the same. 

And whereas it often happens that fences around Gen- 
eral and Common Fields are blown down, carried away, 
or otherwise destroyed by sudden Moods or tempests, and 
it is necessary the same should be immediately repaired 
to prevent the destruction of the grain and crops growing 
therein : 

7 



74 FENCE VIEWERS. 

2. Whenever any such fence shall be thus suddenly 
blown down, carried away, or destroyed, and the crops of 
grain or grass therein growing, shall be thereby exposed 
to be immediately destroyed, the occupant or freeholder 
of the same, to whom the same fence belonged to repair, 
shall immediately repair the same ; and in case of neglect 
for the space of twenty four hours after notice given him 
thereof by any Fence Viewer as aforesaid, it shall and 
may be lawful for any freeholder or occupier of any lands 
in such fields, to set up and sufficiently repair such fence ; 
and when the same shall be completed and adjudged suf- 
ficient by two Fence Viewers, or mere, as aforesaid, and 
the value thereof, together with the Fence Viewers 5 fees, 
ascertained in writing, as aforesaid, the person who shall 
set up or repair the same, shall have right to demand and 
receive of the occupier, lessor or freeholder of the land, 
who ought to make up and repair such fence, at his elec- 
tion, double the sum thus ascertained, as aforesaid, for 
the expense of setting up, repairing, surveying and view- 
ing the same; and in case of neglect or refusal to make 
payment thereof for the space of one month, as aforesaid, 
after demand made of the person against whom he shall 
make his election, to receive the same, he may sue for and 
recover the same, with costs of suit, in manner as is before 
directed. 

[Passed February 18, 1795.] 

In the case of Bust v. Low ei al. 6 Mass. Rep. 90. Par- 
sons ,C. J. 

By the statute of 1785, c. 52. legal, sufficient fences 
between adjoining occupied closes may be made and kept 
in repair, through the whole year, at the will of either ten- 
ant, but at the equal expense of the two tenants, each ten- 
ant being liable to the charge of making half the fence. 
What shall be deemed a sufficient fence is defined by the 
statute; and if the tenants do not agree on the division of 
the fence, or if either neglects sufficiently to make or 
maintain his part, a remedy is expressly provided. Each 
town is to choose annually two or more Fence Viewers, to 
be sworn to the faithful discharge of the duties of the of- 
fice. And any two of these officers are authorized, at 
the request of either tenant, to divide the fence, or the line 
on which the fence is to be made, and to assign to each 



FENCE VIEWERS. 75 

tenant his part, which he and (he succeeding tenants are 
to make and maintain ; and also, at the request of either 
tenant, to decide whether the fence of the other is suffi- 
cient or not. And if either tenant, after such division 
and assignment duly made in writing, and recorded in the 
town clerk's office, shall neglect to make or maintain his 
share so assigned, the other tenant may do it ; and may 
recover at law against the negligent tenant double the ex- 
pense, as ascertained by the Fence Viewers ; with twelve 
per cent interest, if on notice and request it be not paid. 
This statute does not make void any written agreement 
respecting the making and repairing offences. 

The legal obligations of the tenants of adjoining lands 
to make and maintain partition fences, where no written 
agreement has been made, rest on thia statute. But in 
this position are not included adjoining lands, which are 
not both occupied, by the respective owners, nor lands in- 
closed in a general field or common pasture, nor a close 
adjoining to a highway. These cases may be governed by 
different rules. 

Every person then may distrain cattle doing damage on 
his close, or maintain trespass against the owner of the 
cattle, unless the owner can protect himself by the pro- 
visions of the statute, or by a written agreement, to which 
the parties to the suit are parties or privies, or by pre- 
scription. 

We therefore consider it settled at common law, that 
i\\Q tenant of any close is not obliged to fence, but against 
cattle which are rightfully on the adjoining land. And 
accordingly in the entries, where defect of in closure is 
pleaded, the party pleading it claims some right or inter- 
est in tha adjoining close, whence the escape was made, 
or justifies under those who have such right or interest. 

The respective occupiers of two closes adjoining are 
hound, each one to make and maintain half the parti -ion 
fence: but unless the fence, or the line on which it is to 
be made, has been divided by a written agreement be- 
tween the parties, or assigned pursuant to the statute, or 
by prescription, neither party is obliged to make or main- 
tain any part of the partition fence. 

If cattle do not escape through the insufficient fence, 
but are turned in, the owner may distrain them damage 
feasant. 4 Mass. Rep. 474. 



76 FERRYMEN. 

A fence assigned to one to keep in repair, is his prop- 
erty, and taking such fence down for the purpose of re- 
building, is not tortious, 11 Mass. Rep. 294. 



FERRYMEN. 

THE statute of February 14, 1797, for regulating 
Ferries, provides, That no person or persons whatever 
shail keep a Ferry, in this Commonwealth, so as to de- 
mand or receive pay, without a special license first had 
and obtained from the Court of General Sessions of the 
Peace of the County wherein such Ferry may be ; and 
the said Court is hereby empowered to grant such licen- 
ses to such person or persons as shall be judged suitable 
for such service by the same Court ; and to state the 
Fare or Ferriage at each Ferrv, for Passengers, Horses 
and other Creatures, Carnages, Waggons, Carts, Teams 
and other things there transported, always having regard 
to the breadth and situation of, and the more or less pass- 
ing at, any Ferry; in ail cases taking bond, with suffi- 
cient sureties, cf each Ferryman, for the faithful perform- 
ance of the duties and services of his place; excepting, 
however, all such Ferries as are already stated and settled 
by the Court or town to whom they appertain/ 

2.. All Ferrymen at the several Ferries in this Com- 
monwealth, as well those stated and settled as aforesaid^ 
as others, shall keep a good Boat or Boats in good repair, 
suitable to the water they are to ferry over, and give 
ready and due attendance on Passengers on ail occasions, 
for the times, and according to the regulations established 
at any Ferry ; and the keeper or keepers of each Ferry, 
for every neglect of such attendance shall forfeit and pay 
one dollar, and for every neglect in keeping such a Boat, 
twenty dollars ; one moiety thereof in each case to the use 
of the Commonwealth, and the other moiety to him or them 
who shall inform and sue for the same ; and be further 
liable to pay in an action on the case, all such special dam- 
ages as any" person shail sustain by such neglect. 



FERRYMEN. 77 

3. If any person or persons shall keep a Ferry, or trans- 
port Passengers over or across any stated Ferry, so as to 
demand or receive pay, having no right or authority so to 
do, he shall forfeit and pay for every such offence, four 
dollars ; one moiety thereof to the Commonwealth, and 
the other to him or them who shall inform and sue for the 
same; and be further liable, in a special action on the 
case, to pay such damages as may or shall accrue to the 
person or persons assigned and authorised to keep any 
such stated Ferry or Ferries. 

4. Whenever^ the Court of General Sessions of the 
Peace of any county in this Coram onwealth shall judge it 
necessary to set up a Ferry for the convenience of passing 
any river or waters, and no person shall appear to keep 
the same for the stated profits thereof, the town or district 

wherein such Ferry may be, shall take effectual care to 
provide a suitable person or persons to keep and attend 
the same, at such place and in such times of the year as 
the said Court shall judge necessary ; which person or 
persons shall be licensed by such Court as aforesaid. 
And the said Court shall take bonds with sureties of such 
persons for the faithful performance of the duties and ser- 
vices of their places ; and state the Fare or Ferriage to 
be demanded and received at such Ferry ; having regard 
to the breadth and situation of, and the more or less pass- 
ing at the same. And the person or persons so appointed 
Ferrymen at any Ferry so set up, shall keep a good Boat 
or Boats in good repair, suitable to the waters they are to- 
ferry over, and on failure, at any time, so to do, shall for- 
feit and pay twenty dollars for each neglect ; and shall 
also give ready and due attendance on all passengers ; 
and for each neglect so to do, shall forfeit and pay one 
dollar ; one moiety thereof in each case to the town or 
district wherein such Ferry may be, and the other moiety 
to him or them who shall inform and sue for the same. 

5. If any such Ferry so judged necessary, shall be over 
any river or water, when one town or district joins there- 
to on one side, and another town or district oa the other 
side, in such case the said towns and districts shall, 
either jointly or alternately, provide such person or per- 
sons to keep such Ferry as the said Court shall order. 

6. Any town or district neglecting to provide suitable 
persons to keep Ferries as aforesaid, shall forfeit and pay 

7* 



78 FIELD DRIVERS. 

forty (hilars for each month's neglect ; one moieiy there^ 
of to the use of the Commonwealth, and the other moiety 
to him or them who shall inform and sue for the same. 
And all the forfeitures aforesaid which may be incurred, 
shall be recoverable in an action of Debt, with costs of 
suit, before a Justice of the Peace or Court of Common 
Pleas of the county wherein the Ferry may be, according 
to the amount of the forfeitures to be recovered. 

7. This Act shall take effect, and be in force, on and after 
the first day of July next ; and that three Acts relating 
to the subject matter of this Act ; one passed A. D. six- 
teen hundred and ninety four for regulating Ferries ; an- 
other in addition thereto, A. D. seventeen hundred and 
twenty six, and a third A. D. seventeen hundred and six- 
ty, relating to Ferries, and continued in force to the first 
day of November next, shall, on and after the said first 
day of July next, be repealed, and cease to operate — ex- 
cepting, however, they shall remain in force for the pur- 
pose of recovering any forfeitures that may accrue by 
virtue of them. 



FIELD DRIVERS. 

'0a Jld declaring ike Causes for which Cattle may beira~~ 
pounded; the Manner how they shall be proceeded with, 
in such Cases, and for preventing Rescue and Pound 
Breach. 

1. THERE shall be kept and maintained in each 
(own, at their proper cost and charge, a sufficient Pound 
or Pounds, in such place or places therein, as the town 
shall direct, who shall also appoint a suitable person to 
keep each pound ; wherein swine, sheep, horses and neat 
cattle may be restrained and kept for the causes herein af- 
ter mentioned ; and any town that shall neglect to provide 
or maintain such Pound for the space of six months, shall 
forfeit am! pay to the use of the county, ten pounds, to be 
recovered by presentment of the Grand Jury. 



FIELD DRIVERS. f9 

2. There shall be chosen at the annual meeting for the 
choice of town officers, in each town, two or more per- 
sons for Field Drivers, who shall be sworn to the faithful 
discharge of their trust ; and the Field Drivers thus 
chosen and sworn, are hereby severally authorised and 
empowered, to take up and impound any swine unyoked 
or unringedJiorses unfettered, sheep not under the care 
of a shepherd or going it large on the common or high- 
ways leading through such town, between the fifteenth 
day of April, and the first day of November, and them in 
pound detain, or deal with, as is herein after mentioned, 
until the owner shall pay for the use of the Field Driver, 
one shilling a head, for all such horses, and three pence 
ahead for all sheep and swine ; besides two pence a head 
for all such horses, and one penny for all sheep and swine, 
to the Pound Keeper, who may have the care of the par- 
ticular pound in which they may be restrained. 

3. Any person injured in his tillage, mowing or other 
lands under improvement, that are inclosed with a legal 
and sufficient fence, whether such improved lands be in 
a common or general field, or in a close by itself, by 
swine, sheep, horses or neat cattle, may have and main- 
tain an action of trespass, quare clctusumf regit, against 
the owner of the cattle for his damages; or he may im- 
pound the creatures doing the damage, or some of them at 
his election, with or without the aid of a Field Driver; 
and in case he impound the creatures, he may restrain, 
thpm in one of the town pounds, or in some other place 
under his immediate care and inspection, as may be most 
convenient for relieving them with suitable meat and wa- 
ter ; which relief it shall be the duty of the person im- 
pounding to furnish, or cause to be sufficiently furnished, 
during their confinement. 

4. When any of the creatures aforesaid, shall be im- 
pounded, whether it be done for being at large out of the 
owner's inclosure, or for doing damage as aforesaid, the 
person impounding, shall inform the owner of the creat- 
ures impounded, (if known) within the space of twenty 
four hours, by giving him a notification thereof in writing 
or otherwise ; and in case the owner of the creatures im- 
pounded be absent, such written notification shall be left 
at his house or usual place of abode, describing the crea- 
tures, and specifying the time, place and cause of im- 



89 FIELD DRIVERS. 

pounding. And the person impounding, shall also leave 
with the Pound Keeper, if they are in the town or dis- 
trict pound, at the time such creatures are committed to 
his custody, a memorandum in writing, under his hand, 
of the cause of impounding, and the sum he demands in 
damages from the owner, before they are liberated : And 
no action shall be maintained against the Pound Keeper 
for detaining such creatures, until that sum, with his 
lawful fees, shall be paid. 

If the person whose creatures are impounded, damage 
feasant, shall think the damages mentioned in the memo* 
randum, left with the Pound Keeper, are unreasonable, 
he may have the same ascertained by two or more disin- 
terested judicious persons, being thereto appointed and 
duly sworn by some Justice of the Peace for the same 
count} 7 , or by the Town Clerk, where no Justice of the 
Peace is ; which sum thus ascertained shall be taken in- 
stead of the sum first left with the Pound Keeper. And 
if the owner doth not within twenty four hours after no- 
tice as aforesaid, pay the damages and charges of im- 
pounding, or replevy the creatures, the party trespassed 
upon may apply to a Justice of the Peace or the Town 
Clerk, for a warrant, directed to two or more disinterested 7 
judicious pe?sons; which warrant the Town Clerk of 
the same town, or any Justice of the Peace in the same 
county, may issue, and make returnable into the town or 
district Clerk's oifiee of the same town or district, as 
soon as the business is performed, and may also admin- 
ister an oath unto the persons appointed, faithfully and 
impartially to estimate the damage done the party injur- 
ed ; and also to appraise so many of the creatures im- 
pounded, as shall be sufficient to answer the damages and 
all charges. And the party damnified, after the persons 
appointed as aforesaid shall have ascertained the-damage, 
and valued such *f the creatures as shall be necessary ta 
satisfy the same, and charges, and have made return of 
their warrant into the Clerk's office, with their doings 
thereon, may retain and keep the creature or creatures 
so appraised, to his own use, or may sell the same at pub- 
lic vendue to the highest bidder, notice of such sale' being 
posted up at some public place, within the same town or 
district, twenty four hours beforehand ; and in either 
case, returning the overplus, if any there be, to the ow- 



FIELD DRIVERS. 81 

ner, and shall liberate the remainder of the creatures im- 
pounded ; but in case the owner of the creatures impound- 
ed, be unknown, the person impounding shall cause the 
same to be publicly cried, or notifications thereof as afore- 
said, posted up in some public places in the town or dis- 
trict, and in the two next towns or districts adjoining, in 
case the distance thereunto from the place where the 
creatures may be taken up, doth not exceed four miles ; 
and if no owner or claimer appear within the space of 
three full days next after the impounding and notifying 
as aforesaid, then the person so restraining them, may 
proceed with them in all respects as the law provides re- 
specting strays, after having his damages ascertained, in 
case the cattle be taken damage feasant, in manner as is 
before provided. 

5. When an action of trespass shall be brought against 
the owner of any of the creatures aforesaid, for damages 
by them done upon his inclosed lands underimprovemenfc, 
or when such creatures taken damage feasant and im- 
pounded, shall be replevied, it shall be in the power of the 
Justice or Court before whom the cause shall be deter- 
mined, to render judgment in favour of the person de- 
manding damages for the injury sustained, upon satisfac- 
tory evidence being produced, that such creatures were 
either clandestinely turned in, or broke into the close in a 
)art where the fence was good and sufficient according to 
aw ; other parts of the fence round the same close being 

deficient notwithstanding. 

6. If any person shall rescue any creatures taken up as 
aforesaid, out of the hands or care of the Field Driver, or 
from the hands of any other person being about to drive 
or convey them to pound, whereby the party injured may 
be in danger of losing such his remedy, and the law evad- 
ed, the person thus offending, shall, for such rescue, for- 
feit and pay the sum of forty shillings, to be recovered 
by action of debt, one half part to him or them that will 
sue for the same, and the other half part to and for the use 
ot the county within which the offence is committed ; and 
he further liable to pay the party injured, the full damages 
he might be entitled to recover by impounding such crea- 
tures, in an action of the case. 

And if any person shall make any pound breach, or by 
any indirect way or manner whatever, convey or deliver 



8£ FIELD DRIVERS. 

any of the creatures aforesaid impounded, from the pound 
or place where they may be restrained, the person thus of- 
fending, shall forfeit and pay the sum of five pounds, to be 
recovered by action of debt, one half to him that will sue 
for the same, and the other half for the use of the county 
within which the offence may be committed ; or by pre- 
sentment of the Grand Jury; in which case the whole pe- 
nalty shall inure to the use of the county: And the Court 
before whom the conviction shall be, may at the time of 
declaring the sentence, further order, in default of pay- 
ment of the said sum of five pounds, with costs of prosecu- 
tion, within fourteen days after sentence, the person con- 
victed to be publicly whipped not exceeding twenty 
stripes, or to be confined to hard labour for a term not ex- 
ceeding six months ; and the person offending as afore* 
said, shall be liable to pay the party injured, double the 
damage he may be entitled to recover, by the impounding 
such creatures, in an action of the case ; and the party 
injured by a pound breach, when it is effected by an ap- 
prentice or minor, may prosecute for his damages, the 
parent or master under whose care such apprentice or mi- 
nor may then be, or the apprentice or minor, at his elec- 
tion ; in which action, as well as for damages occasioned 
by the rescue of cattle about to be impounded, the defen- 
dant shallnot be permitted to give in evidence, the insuf- 
ficiency of the fence, if any such there be, or that the 
creatures when taken were under such circumstances as 
to render the impounding illegal, to prevent the party 
from recovering his full damages. 

[Passed February 14, 1789.] 

An Act in addition to an Act, entitled, " An Act empow- 
ering Towns io restrain Cattle from running at large 
within their several limits. 

THE inhabitants of any town within this Com- 
monwealth, may, at any town meeting legally holden for 
that purpose, order and direct that any particular descrip- 
tion of neat cattle, or other commonable beasts, shall not 
go at large, within the limits of such town, without a 
keeper, under the penalty mentioned in the Act to which 
this is in addition ; and to be recovered in the manner 
therein prescribed, for each beast found going at large 



FIELD DRIVERS- 83 

without a keeper, contrary to the order and direction of 
any town as aforesaid. 

Sect. 2. If any person or persons shall turn out, or 
suffer any such cattle or beasts so restrained as aforesaid 
from going at large, to go at large on the Lord's day, 
with or without a keeper, such person or persons shall 
forfeit and pay fifty cents for each beast so turned out, or 
suffered to go at large, to be recovered by action of debt, 
by any inhabitant of such town who will sue for the same, 
and for his sole use. And it is also hereby made the duty 
of all field drivers, within their respective towns and dis- 
tricts, to carry the provisions of this Act into effect. 

Sect. 3. If any person shall suffer any such cattle or 
beasts belonging to him, or in his keeping, to go at large, 
contrary to the orc!er and direction of any town, made 
pursuant to the authority given in this Act and the Act to 
which this is in addition, and any such cattle or beasts 
shall within such town do damage on the improved lands 
of any parson, the person so suffering such cattle or beasts 
to go at large, shall be liable to pay all damages so done 
by such cattle or beasts, to be recovered by the person 
suffering such damage, in an action of trespass, before any 
Court proper to try the same, whether such improved 
lands be enclosed with a sufficient fence or not. 
[This Act passed November 21, 1804.] 

THE statute of February 20, 1818, provides, 
sect. 1. That if any person shall rescue any creatures 
which may have been taken up for being at large, con- 
trary to the provisions of the act, entitled an act empow- 
ering towns to restrain cattle from running at large within 
their several limits," out of the hands of the field driv- 
er, cm from the custody and possession of any other person 
about to drive or convey them to the pound, for being at 
large, whereby the field driver or other person shall be 
prevented from impounding such creatures, and the law 
evaded, every person so offending, shall forfeit and pay a 
sum, not less than one dollar, nor more than seven dol- 
lars, to be res50vered;by action of debt, in any court prop- 
er to try the same, to the use of any such field driver, or 
person from whom such rescue maybe made as aforesaid. 
Sect. 2. That instead of the penalty of twenty-five 
cents, provided in and by the act atoresaid, for the re- 



64 FIRE AND FIRE WARDS. 

spective animals therein described being at large, contra- 
ry to the provisions of the same act, the penalty for the 
same shall, after the passing of this act, be fifty cents. 



FIRE AND FIREWARDS. 

An Act for the extinguishment of fire, audio direct the 
proceedings thereat, 

EACH town in this commonwealth, in their March 
or April meeting annually, wherein the qualified voters 
shall think it expedient to choose Firewards, shall here- 
after have power to elect such number of suitable persons 
to be Firewards therein, as shall be deemed necessary ; 
and each person so elected, shall be notified thereof with- 
in three days, and shall, within three days after being so 
notified, enter his acceptance or refusal of the said office, 
with the Town Clerk ; and if any person, being so elect- 
ed and notified, shall neglect to enter his acceptance or 
l'efusal as aforesaid, he shall forfeit and pay ten dollars, 
unless excused by the town; and the town shall have 
power to elect another in his place, in case of such neg- 
lect or refusal ; and when any fire shall break out in any 
town, wherein Firewards shall be appointed, they shall 
immediately attend thereat, and carry with them a suita- 
ble staffer badge of their office. 

£. When any fire shall break out in any town, the Fire- 
wards thereof, whx^shall be present at the place in imme- 
diate danger, or any three of them, and where no Fire- 
wards shall be appointed, a major part of the Selectmen 
present, or in their absence, two or three of the civil offi- 
cers present, or in their absence, two or three of the chief 
military officers of said town present, shall have power to 
direct the pulling down or demolishing any such house or 
building as they shall judge necessary to be pulled down 
or demolished, in order to prevent the further spreading 
of the fire : And during the continuance of any fire, the 
said Firewards or officers, as the case may be, shall have 



FIRE AND FIREWARDS. 85 

power to require assistance for extinguishing the same, 
and for removing any furniture, goods or merchandise 
from any building on lire or in danger thereof, and to ap- 
point guards to secure t\\Q same, and also assistance for 
pulling down or demolishing any house or building, as the 
case may require: and further to suppress all tumults 
and disorders ; and the said Firewards, Selectmen or of- 
ficers, as the case may be, shall have authority to direct 
and appoint the stations and operations of the engine men, 
with their engines, and of ail other persons, for the pur- 
pose of extinguishing the fire, and preventing its increase; 
and if any person shall refuse er neglect to obey any or- 
der given by said Firewards or officers in the premises, 
the person so offending, shall forfeit and pay for each of- 
fence, ten dollars. 

3. If the pulling down or demolishing of any house or 
building by the directions aforesaid, shall be the means 
of stopping the^ said fire, or if the fire stop before it come 
to the same, then every owner of such house or building 
shall receive a reasonable compensation, and he paid for 
the same, by the inhabitants of the town in which the fire 
shall happen ; and it shall be the duty of the qualified 
voters in such town, to grant such sum or sums of money, 
as shall be thought necessary and proper by the Selectmen 
of the same town, and of the Assessors to assess the same : 
Provided always, That when it shall be adjudged fit that 
the house or building where the fire shall first begin and 
break out should be pulled down or demolished, to pre- 
vent the further spreading and increase of the same fire, 
then the owner of such house or building shall receive no 
compensation for the same. Provided also, That if any 
person shall find him or herself aggrieved by the doings 
of the town, Selectmen or Assessors thereof, in estimat- 
ing, voting or assessing such sum or sums, he or she shall 
have a right to appeal and complain to the next Court of 
General Sessions ot the Peace to be holden in the Coun- 
ty; and the said Court thereon shall have power, on a 
consideration of all the circumstances of the case, to con- 
firm said doings of said town, Selectmen or Assessors, or 
to alter the same in such manner as the said Court shall 
judge proper; and in either case, to award legal costs as 
the justice of the case may require ; and the Collectors to 
whom the said assessments shall be committed to collect 



86 FIRE AND FIREWARDS. 

shall have the same power and be subject to the same du- 
ties as in the collection of other town taxes, as well in col- 
lecting an assessment so confirmed or altered, as in cases 
wherein there shall be no appeal. 

4. If any person shall in such case of fire, plunder, pur- 
loin, embezzle, convey away or conceal any furniture, 
goods or chattels, rights or credits, merchandize or effects 
of the inhabitants, wkose houses or buildings shall be on 
fire, or endangered thereby, and said inhabitants shall be 
put upon removing the same, and shall not restore or give 
notice thereof to the owner, (if known) or to one of the 
Firewards of the town, or bring them into such public 
place as shall be assigned by the Selectmen of the town, 
within two days after public notice shall be posted in some 
public place in the town by the Selectmen thereof, for that 
purpose, the person or persons so offending, and being 
thereof convicted, shall be deemed guilty of Larceny, and 
punished accordingly. 

5. If any person shall occupy or improve any tenement 
or building whatever, in any part of any maritime town 
in this Commonwealth, for the business or employment of 
a Sailmaker or Rigger, or keeper of a Livery stable, ex- 
cept only in such parts of the town as the Selectmen 
thereof, or a major part of them shall direct and deter- 
mine, such Sailmaker or Rigger so offending, shall forfeit 
and pay for each offence, ten dollars ; and such keeper of 
a Livery stable shall forfeit and pay for each offence, 
ftfty dollars, for every month so occupying the same, and 

bo in proportion for a longer or shorter time. 

6. The several fines or forfeitures aforesaid, shall be 
two third parts thereof to the use of the poor of the town 
where the offence shall be committed, and the other third 
thereof to him or them who shall inform and sue for the 
same, and shall be recoverable, with costs of suit, in any 
Court proper to try the same. 

7. If any person or persons shall wittingly or willingly 
set fire to any woods or lands lying in common, or to 
wood land or other land held in severalty, and not his 
own, within this Commonwealth, without leave first had 
and obtained from the owners of the land, or those who have 
a right to give tKe same leave, excepting in cases in which 
it may become necessary to make back tires to stop the pro- 
gress or subdue any fire that may be spreading, the per- 



FIRE AND F1REWARDS. 87 

sou so offending, shall forfeit and pay for each offence, 
ten dollars, one moiety thereof to the use of the common- 
wealth, and the other moiety thereof to the use of bun or 
them that shall inform and sue for the same ; and shall be 
liable, in a special action on the case, to pay damages to 
all persons injured by such fire, including the injury 
which may be done by any necessary back fire made for 
the purpose aforesaid ; and in case any person vvAzv agi j , 
shall offend against this act, such penalty shall be recov- 
ered ot the patent or master respectively, of such person 
under age, unless it shall appear such person under age 
was employed or directed by some person other than ihc 
parent or master ; in which case the person so employing 
or directing, shall be liable therefor ; and the fines in this 
Section mentioned, may bs recovered in an action of debt, 
with costs of suit. 

8. This act shall take effect and be in force on and af- 
ter the first day of July next ; and that an act passed 
Anno Domini seventeen hundred and forty four, for the 
speedy extinguishment of fire, and preserving go. >ds en- 
dangered by it ; and another Act passed Anno Domini 
seventeen hundred and fifty three, and continued in force 
to November next, to prevent firing woods ; and another 
Act passed Anno Domini seventeen hundred and sixty 
two, and continued in force to November next, to prevenf 
damage by fire in the maritime towns ; and a clause in an 
iict passed Anno Domini sixteen hundred and ninety two, 
empowering two or three chief military or civil officers? 
of the town to direct the pulling down or demolishing of 
houses in certain cases of fire, shall, on and after the said 
first day of July next, be repealed ; except the same shall 
remain in force for the collection of such finos as shall ac- 
crue under the same before that time. 

[Passed March 10, 1797.] 

The statute of March 10, 1797, Act 3. sect. 11. pro- 
vides, That if any person or persons shall set fire to any 
pile or combustible stuff, or be any ways concerned in 
causing'or making a bonfire, in any street or lane, or any 
other part of any town or district within this Common- 
wealth, such bonfire being within ten rods of any house 
or building, every person so offending, shall, for each of- 
fence, forfeit and pay the sum of eight dollars, or be im- 



88 FIRE AND FIREWARDS. 

prisoned not exceeding one month. The several fine.s 
shall be recovered, with costs of prosecution, one moiety 
of said lines to the use of the poor of the town or district 
wherein the offence shall be committed, and the other 
moiety to him or them who shall sue for the same ; and 
all masters are hereby made liable to pay the several fines 
as aforesaid, for the offences of their servants ; and all 
parents for the offences of their children undev age and 
liot being servants. 

An Act to prevent Damage from firing Crackers, Squibs, 
Serpents and Rockets, within this Commonwealth. 

FROM and after the first day of May nest, if any 
person shall offer for sale, set fire to/or throw any lighted 
cracker, squib, rocket or serpent, within this Common- 
wealth, without the license of the Selectmen of the sever- 
al towns respectively, first obtained therefor, he shall for- 
feit, for every such offence, the sum of Jive dollars ; one 
moiety to the use of the poor of that town in which the of- 
fence shall be committed, and the other moiety to the use 
of the prosecutor ; *o be recovered by action of debt, or 
by information before any Justice of the Peace of the 
xounty in which the offence shall be committed, with the 
costs of suit. 

[This Act passed March 4, 1 806.] 



HEALTH COMMITTEES, &c. 

Jin 3d to prevent the spreading of contagious Sickness. 

FOR the better preventing tae spreading of infec- 
tion, when it shall happen that any person or persons 
coming from abroad, or belonging to any town or place 
within this state, shall be visited, or shall lately before 
have been visited with the plague, small pox, pestilential 
or malignant fever, or other contagious sickness, the in- 
fection whereof may probably be communicated to others, 
the Selectmen of the town where such person or persons, 
may arrive, or be, are hereby empowered to take care and 
make effectual provision in the best way they can, for the 
preservation of the inhabitants, by removing such sick or 
infected person or persons, and placing him or them in a 
separate house or houses, and providing nurses, attend- 
ance, and other assistance and necessaries, for them ; 
which nurses, attendance and other assistance and neces- 
saries, shall be at the charge of the parties themselves, 
their parents or masters (if able) or otherwise at the 
charge of the town or place whereto they belong; and in 
case such person or persons are not inhabitants of any 
town or place within this State, then at the charge of the 
Commonwealth. 

£. Any person or persons coming from any place out 
of this state, where the small pox or other malignant dis- 
temper is prevailing, into any town within this state, 
shall, when thereto required by the Selectmen of such 
town, within the space of two hours from the time they 
shall be first informed of their duty by law in this partic- 
ular, give notice to one or more of the Selectmen, or the 
Clerk of such town, of their coming there, and of the 
place from whence they came, upon pain of forfeiting, in 
case of neglect, the sum of one hundred dollars. And 
such person or persons, if not disabled by sickness, shall, 
within the space of two hours after warning given to hitn 
or them by the Selectmen of such town fur that purpose, 
depart from this state, in such manner and by such road, 
8* 



90 HEALTH COMMITTEES, &c. 

as the said Selectmen shall direct ; and in case of refusal^ 
it shall be lawful for any Justice of the Peace in the coun- 
ty where such town may lie, by a warrant directed to a 
constable or other proper officer, or other person whom 
the Justice shall judge proper, to cause such person or 
persons to be removed into the State from whence he or 
they may have come ; and any person removed by war- 
rant as aforesaid, who, during the prevalence of such dis- 
temper, shall presume to return into any town of this 
State, without liberty first obtained from such Justice, 
shall forfeit and pay the sum of four hundred dollars j and 
any inhabitant of this State, who shall entertain in his 
house any person warned to depart as aforesaid, for the 
space of two hours after notice given him of such warn- 
ing, by one or more of the Selectmen aforesaid, shall for- 
feit and pay the sum of livo hundred dollars. 

3. It shall and may be lawful- for the Selectmen of any 
town near to, or bordering upon, either of the neighbour- 
ing States, to appoint by writing under their hands, some 
meet person or persons to attend at ferries or other pla- 
ces by or over which passengers may pass from such in- 
fected places ; which person or persons so appointed, 
shall have power to examine such passengers -as they may 
suspect to bring infection with them, and, if need be, to 
hinder and restrain theoi from travelling, until licensed 
thereto by a Justice of the Peace within such county, or 
hy the Selectmen of the town in which such person or 
persons may come ; and any passenger, who coming from 
such infected place, shall (without license aforesaid) pre- 
sume to travel within this State, unless it be to return by 
the most direct way to the State from whence he came, af- 
ter he shall be cautioned to depart by the person or per- 
sons appointed as aforesaid, shall forfeit and pay the sum 
of one hundred dollars ; the several forfeitures aforesaid 
to be recovered by action of debt in any Court of Record 
proper to try the same, one moiety to and for the use of 
the town where the offence shall be committed, the other 
moiety to the use of the person who may sue for the same. 

4. If need be, any two Justices of the Peace may make 
out a warrant directed to the Sheriff of the County, or 
his Deputy, or Constables of the town, or place where 
any such sick person or persons may be, requiring inem 
f &r any of them, in the name of the Commonwealth, with 



HEALTH COMMITTEES, &c. 91 

the advice and direction of the Selectmen of the same, to 
remove such infected person or persons, or to impress and 
take up convenient houses, lodging, nurses, attendance 
and other necessaries, for the accommodation, safety and 
relief of the sick And such Sheriff, his Deputy and Con- 
stable, are hereby authorised and required to execute such 
warrant accordingly. 

5. Whenever there shall be brought into any town 
within this state, either from any other town therein, or 
from ports without the State, any baggage, clothing or 
goods of any kind whatsoever, and it shall be made to ap- 
pear by the Selectmen of the town to which such baggage, 
clothing, or other goods shall be brought, or by the major 
part of such Selectmen, to the satisfaction of any Justice 
of the Peace, that there is just cause to suspect such bag- 
gage, clothing, or other goods, to be infected with the 
plague, small pox, pestilential fever, or other malignant 
contagious distemper, it shall be lawful for such Justice 
of the Peace, and he is hereby required in such case, by 
warrant under his hand and seal, directed to the sheriff, 
or his Deputy, or any Constable of the town in which 
such baggage, clothing, or other goods shall be, requiring 
him to impress so many men as said Justice shall judge- 
necessary to secure such baggage, clothing, or other goods, 
and said men to post as a guard and watch over the house 
or other place or places where such baggage, clothing, or 
other goods shall be lodged ; which guard and watch are 
hereby required to take effectual care to prevent such 
baggage, clothing, or other goods, being removed or inter- 
meddled with, by any persons whatsoever, until due in- 
quiry be made into the circumstances thereof, requiring 
likewise the said Sheriff, his Deputy, or the Constable 
aforesaid, if it shall appear necessary, with the advice and 
direction of said Selectmen, to impress and take up con- 
venient houses or stores, for the receiving, lodging and 
safe keeping of such baggage, clothing, or other goods, un- 
til the same shall be sufficiently cleansed from infection : 
And in case it shall appear highly probable to the said 
Justice, that such baggage, clothing, or other goods, are 
infected as aforesaid, he is hereby empowered and direct- 
ed to issue his warrant in manner as aforesaid, requiring 
said Sheriff, his Deputy, or any Constable, or other per- 
son therein specially named, to remove said baggage, 



92 HEALTH COMMITTEES, &c. 

clothing, or other goods, to some convenient place, where 
there shall be the least danger of the infection spreading : 
there to remain, until the same shall be sufficiently aired 
and freed from infection in the opinion of said Selectmen : 
And the said Sheriff", Deputy Sheriff, or Constable, in the 
execution of said warrants, are empowered and directed, 
if need be, to break up any house, ware house, shop or 
other place, particularly mentioned in said warrant, where 
such baggage, clothing, or other goods shall be; and in 
ease of opposition, to require such aid as shall be necessa- 
ry to effect the execution of said warrants, and repel 
such opposition; and all persons are hereby required, at 
the commandment of either of the said officers, having ei- 
ther of the warrants aforesaid, under penalty of ten dol- 
lars, to be recovered before any Justice of the Peace in 
the County where such opposition may happen, to assist 
such officer in the execution of the same warrant, against 
any opposition as aforesaid ; and the charges of securing 
such baggage, clothing, or other goods, and of airing and 
transporting the same, shall be borne and paid by the own- 
ers thereof, at such rates and prices as shall be set and 
appointed by the Selectmen of the town, where such bag- 
gage, clothing, or other goods, shall be, to be recovered by 
action of debt, by any person or persons who may have 
been employed in the business aforesaid, in any Court of 
Record proper to try the same. 

9. If any master, seaman or passenger, belonging to any 
vessel on board which any infection is, or may have late- 
ly been, or suspected to have been, or which may have 
come from any port where any infectious mortal distem- 
per prevails, shall refuse to make answer on oath to such* 
questions as may be asked him or them relating to such 
infection, by the Selectmen of the town to which such 
vessel may come, (which oath the said Selectmen are 
hereby empowered to administer) such master, seaman, 
or passenger, so refusing, shall forfeit the sum of two hun- 
dred dollars ; and in case he be notable to pay said sum, 
he shall suffer six months imprisonment ; said penalty to 
be adjudged on prosecution by indictment on informa- 
tion in any Court proper to try the same, one moiety of 
said fine to the use of the town where the offence may be 
committed, and the other moiety t# the use of the Select- 



HEALTH COMMITTEES, &c. 95 

men thereof, whose particular duty it is hereby- made to 
prosecute therefor. 

10. Whenever the small pox, or other mortally infec- 
tious distemper shall prevail in any of the towns wherein 
the Supreme Judicial Court of this Commonwealth, the 
Courts of Common Pleas, or General Sessions of the 
Peace are to be holden, at the times prescribed by Law, 
or by their own adjournment, for their setting in such 
town, the Justices of the said Courts respectively are 
hereby empowered to adjourn and hold said Courts in any 
town within the , same County, by proclamation to be 
made in the shire town, or as near the same as safety will 
in their opinion permit. 

11. Each town or district in this Commonwealth, may, 
at their meeting held in March or April annually, or at 
any other meeting legally warned for the purpose, when 
they shall judge it to be necessary, choose and appoint a 
Health Committee, to consist of not less than five, nor 
more than nine suitable persons, or one person to be a 
Health Officer, whose duty it shall be to remove all filth 
of any kind whatever, which shall be found in any of the 
Streets, Lanes, Wharves, Docks, or in any other place 
whatever, within the limits of the town to which such 
Committee or Health Officer belongs, whenever such filth 
shall in their judgment endanger the lives or the health 
of the Inhabitants thereof ; all the expences whereof to be 
paid by the person or persons who placed it there if 
known, or if not, by the town by which said Committee or 
Health Officer was appointed. And whenever any filth 
as aforesaid shall be found on private property, said 
Committee or Health Officer shali notify and order the 
owner or occupier thereof, after twenty four hours to re- 
move the same, at their own expense ; and in case said 
owner or occupier shali neglect to remove such filth 
from his or her property, after the expiration of the time 
aforesaid, he or they so offending shall forfeit and pay a 
line of one hundred dollars, to be sued for and recovered 
with costs of suit by said Committee or Health Officer, 
before any Court proper to try the same, for the use of 
the poor of the town in which such offence is committed. 
And said owner or occupier as- aforesaid shall be liable 
and obliged to repay to said town all cost and charges 
which the said Committee or Health Officer may have 



94 HOG REEVES. 

incurred in removing the filth from his or her property,, 
and in case of refusal to pay the same, he or they may be 
sued in the same way as is provided in this Act for the re- 
covery of fines as aforesaid. 

12. Whenever any vessel shall arrive at any port oth- 
er than Boston within this Commonwealth, having on 
board any person visited with the plague, small pox, ma- 
lignant fever, or any other pestilential disease, the master, 
commander, or pilot thereof, shall not bring such vessel 
up near the town of the port where she first arrives, un- 
til liberty be first granted in writing by the Selectmen 
thereof; but they may bring such vessel to an anchor in 
such place below the town, as will be most for the safety 
of the inhabitants thereof and the preservation of the ves- 
sel and the people on board, there to wait for orders from 
the Selectmen of such town before any passenger or per- 
son belonging to, or any thing on board the same be 
brought on shore ; and any master or commander of such 
vessel who shall be found guilty of a breach of the Law 
contained in this section, shall forfeit and pay a fine of 
two hundred dollars for every such offence, upon convic* 
lion thereof before any Court proper to try the same ; and 
any Pilot who may go on board any such vessel and pi- 
lot the same up to the town, without liberty first had and 
obtained from the Selectmen thereof as aforesaid, shall 
upon conviction, in manner as aforesaid, forfeit and pay 
a fine of fifty dollars for every such offence ; all which 
fines contained in this section may be sued for and recov- 
ered with costs of suit, in manner as aforesaid, by the 
Selectmen of the town where the offence is committed, t». 
and for the use of the same town. 

[Passed June £2,1797.] 



HOG REEVES. 

An Act for regulating Swine, 

THERE shall be appointed at the annual meeting 
in March or Spril, in each town, in this Commonwealth, 



HOG REEVES. 95 

i wo or more persons for Hogreeves, who shall be chosen 
and sworn in the same manner as other town officers ; 
whose duty it shall be to carry the regulations made by 
this act into execution ; and any person who shall suffer 
his swine to go at large out ot his inclosure, shall forfeit 
and pay one shilling for each swine thus suffered to go at 
large, to be recovered with costs of suit by any Hogreeve 
or other person who will sue therefor, before a Justice of 
the Peace, in the same county, by action of debt or by im- 
pounding such swine. And when swine are impounded, 
to recover the penalty incurred by this act, the owner, if 
known, shall be notified in the time and manner by law 
directed, and if unknown, such notice of the time, place, 
and cause of impounding, shall be given as the law in 
that case hath directed ; and if no owner appear within 
three full days after the impounding, to pay the forfeiture 
and charges, and reasonable expense of keeping, or to re- 
plevy such swine, the impounder may in writing apply to 
a Justice of the Peace of the same county, or to the Clerk 
of the same town, and there file an information of the trans- 
action upon oath ; and if it shall appear from such infor- 
mation to the satisfaction of the Justice or Clerk, that such 
impounder has complied with the directions of the law in 
such cases, then such Justice or Clerk may issue a pre- 
cept in form as hereafter prescribed, to any Constable 
of the same town, if the Constable himself is not the im- 
pounder, or interested ; and if he is, to any other discreet 
or disinterested inhabitant of the same town, to sell the 
swine, and after paying the impounder the fine, and costs 
and expenses, to be taxed and allowed by the Justice or 
Clerk, to deliver the surplusage into the town treasury, 
there to remain for the owner, deducting one shilling on 
the pound for the, Treasurer's trouble, in case he shall ap- 
pear and claim it within one year and a day from the time 
of issuing such precept ; but in case no owner appear 
within that time, such surplusage shall be one half to the 
impounder, and the other half to the poor of the town, and 
be by the Treasurer distributed accordingly. 

2. The form ot the precept to be issued for selling swine 
impounded, to recover the forfeiture incurred by a breach 
of this act, shall be in substance as follows : 



96 HOG REEVES. 

g ~ss. To either of the Constables of the town 

of Greeting. 

WHEREAS J2. B. of B , in the county of S- — , 

(addition) has this day given me information, that on the 
day of he found a swine [here insert the marks, 

natural and artificial if any, and such a description of the 
size and age, as can conveniently be done] owned by C. 
D. of (addition) going at large in said town of 

B* , against the statute in that case provided ; where- 
by the said C. D. forfeited the sum of one shilling ; for 
the recovery of which he impounded the same swine, and 
within twenty four hours then next following, gave him 
notice thereof in writing (or left a notification thereof at 
his dwelling house, as the case may be) and although three 
full days have elapsed since the impounding, yet he has 
not paid the said forfeiture and charges, nor has he re- 
plevied the same swine (or in case the owner is unknown, 
after the description of the swine, its marks natural and 
artificial, let it be inserted, belonging to some person un- 
known at the time of impounding, going at large against 
the statute in that case provided, whereby the owner for- 
feited the sum of o?ie shilling, for the recovery of which* 
he impounded the same swine, and within twenty four 
hours then next following, caused notifications of the 
time, place and cause of impounding, to be posted up 
agreeably to the directions of the law in such cases ; and 
although" three full days have elapsed since the impound- 
ing, no person hath appeared to pay the said forfeiture 
and charges, or replevied the same swine), as by the in- 
formation by him signed and sworn unto, with me now- 
remaining appears : 

THESE are therefore, in the name of the Common- 
wealth of Massachusetts, to will and require you, after 
you have posted up notifications of the time and place 
of sale twenty four hours beforehand, to sell and dispose 
of the said swine, at such time and place as you shall have 
thus appointed, to the highest bidder ; and from the mo- 
nies arising upon the sale, you are to pay the said A. B. 
one shilling, for the said forfeiture, and shillings 

and pence, by me allowed, for his cost, charges 

and expense-s (according to the bill annexed) and o)U- 



HOG REEVES. 97 

shilling and six pence more for this precept, amounting in 
the whole to shillings and i pence. And the 
surplus arising from such sale, deducting three shillings 
and six pence for your own fees on the business, you are 
to pay over to the Town Treasurer of B , to be dis- 
posed of as the law directs ; and you are also directed to 
deliver the said Treasurer a copy of the information of 
the said Ji. B. as it is recited herein, together with a cer- 
tificate of the date of this process : And of this precept, 
with your doings hereon, you are to make return into the 

office of the Town Clerk of B — , in fourteen days 

from this time. Given under my hand and seal, this 
day of Anno Domini 

And when the precept is directed to a particular per- 
son by name, because the Constable himself is the im- 
pounder, or interested, such person shall be sworn faith- 
fully and impartially to execute it according to the ten- 
or thereof. 

3. Any town may, at the annual meeting in March or 
April, by a vote thereof, give liberty for swine to go at 
large during the whole or part of the year, in such town, 
or in such parts thereof, as the town shall determine most 
for the benefit of the inhabitants; in which case it shall 
be lawful for any person residing therein, to suffer his 
swine to go at large accordingly, without incurring the 
forfeiture aforesaid ; any thing in this act contained to 
the contrary notwithstanding. Provided such swine shall 
be sufficiently yoked from the fifteenth day ef April, to 
the first day of November, and constantly ringed in the 
nose all the time they shall be permitted to go at large. 

Aud that it may be known what a sufficient yoking 
doth mean : 

4. A yoke which is the full depth of the swine's neck, 
above the neck, and half so much below the neck, and the 
soal or bottom of the yoke full three times as long as the 
breadth or thickness of the swine's neck upon which it 
shall be placed, shall be deemed a sufficient yoking with- 
in the meaning of this act. 

[Passed February 13, 1789.] 



98 HOG REEVES. 

Memorandum to be left with the Poundheeper, by the per- 
son impounding and at the time. 

I have committed to the pound in one swine 

belonging to of the same was found 

damage feasant in 1113- cornfield in I demand the 

sum of as damages (sign it) 

(date.) 

N. B. If the servant or agent signs the notice let him 
sign the name of his principal as follows, viz. 

A. B. 
by C. D. 

The person impounding must inform the owner of the 
swine within twenty four hours, by a notification in writ- 
ing or otherwise. But if the owner is absent, a written 
notification must be left at his house, or usual place of 
abode, describing the creatures; and specifying the time, 
place and cause of impounding. 

FORM OF. 

To Mr. A. B. 

Sir, At one of the clock this afternoon I commit- 
ted to the common pound and to the custody of the 
pound keeper in one white coloured hog, belong- 

ing to you. I found the same damage feasant in my 
cornfield near my house in The sum I demand in 

damages is (sign it.) 

(date) 



MEASURERS OF WOOD, BARK AND 
COAL. 

Jin Act to prevent fraud in Fire Wood, Bark or Coal, 
exposed to sale. 

1. ALL cord Wood exposed to sale, shall be four 
feet long, including half of the carf ; and the cord being 
well and close laid together, shall measure eight feet in 
length, four feet in width, and four feet in height. 

2. In each town or district in this Commonwealth, 
where the inhabitants shall, in town meeting legally as- 
sembled, judge and vote the same to be necessary, and 
wherein Fire Wood or bark is usually sold, the Select- 
men shall annually, or as occasion may require, appoint 
one or more suitable persons, and conveniently situated 
in the town or district, to be Measurers of Wood and 
Bark there exposed or brought in for sale, and shall give 
public notice thereof; which Measurer or Measurers 
shall be sworn to the faithful and diligent discharge of 
their office, and shall receive such fees or allowance for 
their service as the Selectmen shall appoint, to be paid by 
the driver of the Wood or Bark, and repaid by the Buyer, 
where brought in by land, and by the wharfinger where 
brought in by water, and the Measurer shall be entitled 
to his action therefor, accordingly. 

3. If any Fire Wood or Bark brought by land into any 
town or district for sale, wherein such Measurers shall 
be appointed, shall be offered for sale before the same 
shall be measured by such Measurer, and a ticket signed 
by him^id delivered to the driver, certifying the quanti- 
ty of Wood the load contains, the name of the driver, and 
the town in which he resides, such Wood or Bark shall 
be forfeited, two thirds to the use of the poor of the (own 
where offered for sale, and the other third part thereof to 
the Measurer, or any other person who shall prosecute 
for the same. 

4. If any wharfinger or carter shall cart or carry any 
Fire Wood from any wiiarf or landing place in any town 



100 MEASURERS OF WOOD, BARK AND COAL. 

or district, (except for the use and consumption of such 
wharfinger or carter) before the same shall have been 
measured by some Measurer appointed as aforesaid, he 
shall forfeit and pay one dollar for every load of Wood so 
carried off; one moiety thereof to the use of the poor of 
the town where the offence shall be committed, and the 
other moiety to any person who shall prosecute for the 
same. 

5. All baskets used in measuring Charcoal, brought in- 
to any town or district for sale, shall contain two bushels, 
and be of the following dimensions, to wit : Nineteen. 
inches in breadth, in every part thereof, and seventeen 
inches and a half deep, measuring from the top of the 
basket to the highest part of the bottom ; and that the 
basket be well heaped, and also be sealed by the sealer of 
tjhe town or district where the person so using the same 
.s'hall usually inhabit or reside; and every person who 
shall measure the Charcoal offered for sale in any basket 
of less dimensions, or not sealed as aforesaid, shall forfeit 
and pay, for each offence, fifty cents, to the uses mention- 
ed in the fourth section aforesaid ; and such basket shall 
be destroyed. 

6. The Selectmen of any town where coal is usually 
sold, shall have power to appoint, as occasion may require* 
some suitable person to seize and secure all baskets im- 
proved for measuring Coal, that shall not be of the dimen- 
sions aforesaid, and sealed as aforesaid ; and to prosecute 
such person or persons as shall be guilty of a breach of 
this Act. 

7. All the forfeitures aforesaid, may be recovered with 
costs of suit, by action, bill, plaint, or information, 
before any Court proper to try the same. 

8. This Act shall take effect and be in force on and af- 
ter the first day of December next, and that five^cts re- 
lating to the subject matter of this Act, one pas^H Anno 
Domini seventeen hundred and five; another, Anno Dom- 
ini seventeen hundred and ten; another, Anno Domini 
seventeen hundred and fifty nine, and continued to the 
first day of November next ; another Act passed Anno 
Domini seventeen hundred and seventy two, and another, 
the eighth day of October, Anno Domini seventeen hun- 
dred and seventy nine, and continued in force, shall, on 
and after the said first day of December, be repealed and 



MEASTJREliS OF WOOD, BARK AND COAL. 101 

cease to operate ; except the two clauses in said Acts, 
passed Anno Domini seventeen hundred and fifty nine, 
and seventeen hundred and seventy two, which clauses 
relate only to the town of Boston ; and except the said 
Acts shall remain in force for the recovery of all forfeit- 
tfres that shall accrue under the same before that time. 
[Passed March 7, 1797.] 

An Act in Addition to an Act, entitled, " An Act to prevent 
Fraud in Firewood, Bark or Coal exposed to Sale," 
made and passed March seventh, One thousand seven 
hundred and ninety-seven. 

ALL Cord -Wood brought in by water into any 
town or district for sale, shall be measured by a Measur- 
er duly appointed and sworn, as directed in said Act ; 
and in order thereto the Wood so brought in, shall be 
corded and piled by itself, upon the wharf or land where- 
on the same shall be landed, in ranges, making up in 
height what shall be wanting in length ; at which time it 
shall be so measured, and a ticket given to the purchaser, 
who shall be obliged to pay the stated fees or allowance 
for such service as appointed by the Selectmen. 

Sect. 2. Every wharfinger, carter or driver, that shall 
cart or carry any Firewood from any wharf or landing- 
place in any tow r n or district, shall be furnished, by the 
owner or seller of such Wood, with a ticket, certifying t : e 
quantity the load contains, and the name of the driver* 
And if any Firewood shall be carted or carried as afore- 
said, without such ticket accompanying the same ; or if 
any driver shall refuse to produce and shew such ticket, 
on demand, to any Measurer duly sworn as aforesaid, or 
his consent to have the same measured ; or it such ticket 
shall certify a greater quantity of Wood than the load 
contains, in the opinion of the Measurer aforesaid, after 
measuring the same, such Wood shall be forfeited and 
seized, — two thirds to the use of the poor of the town 
where offered for sale — and the other one' third to the 
Measurer or whoever shall prosecute for the same ; to 
be recovered as the other forfeitures in said Act are direc- 
ted to be recovered. Provided nevertheless, That noth- 
ing herein contained shall be construed to extend to any 
person or persons who shall transport or cart, or cause to 
9* 



102 MILITIA. 

b* transported or carted, from any wharf or landing-place, 
to his or their own dwelling-houses or stores, any Cord- 
Wood which he or they shall have purchased on such 
wharf or landing-place, or shall have landed thereon upon 
his or their own account. 

[This Act passed June 22, 1799.1 



MILITIA. 

Jin act for regulating, governing, and training the Mti 
litia of this Commonwealth. 

WHEREAS, Congress on the eighth day of May 
in the year of our Lord, one thousand seven hundred and 
ninety-two, passed the following Law— entitled, 

" An act more effectually to provide for the national 
defence, by establishing an uniform Militia throughout 
the United States." 

1. EACH and every free, able-bodied, white male 
citizen of the respective States, resident therein, who is 
er shall be of the age of eighteen years, and under the age 
of forty-five years, (except as is herein after excepted,) 
shall severally and respectively /be enrolled in the mili° 
tid, by the captain, or commanding officer of .the company* 
within whose bounds such citizen shall reside, and that 
within twelve months after the passing of this act. And 
it shall at all times hereafter be the duty of every such 
captain or commanding officer of a company, to enrol ev- 
ery such citizen as aforesaid, and also those who shall, 
from time to time, arrive at the age of eighteen years, or 
being of the age of eighteen years, ^nd under the age of 
forty-five years, (except as before excepted) shall come 
to reside within his bounds ; and shall without delay, no- 
tify such citizen of the said enrolment, by a proper non- 
commissioned officer of the company, by whom such no- 
tice may be proved. That every citizen, so enrolled andt 
notified, shall within six months thereafter, provide him- 
self with a good musket or firelock, a sufficient bayonuet 



MILITIA. 105 

and belt, two spare flints, and a knapsack, a pouch with 
a box therein, to contain not less than twenty -four cart- 
ridges, suited to the bore of his musket or firelock, each 
cartridge to contain a proper quantity of powder and ball : 
or with a good rifle, knapsack, shot pouch and powder 
.horn, twenty balls, suited to the bore of his rifle, and a 
quarter of a pound of powder ; and shall appear so armed, 
accoutred, and provided, when called out to exer- 
cise, or into service, except that when called out on 
.company days to exercise only, he may appear without 
a knapsack. That the commissioned officers shall sever- 
ally be armed, with a sword or hanger and espontoon, and 
that from and after five years, from the passing of this 
act, all muskets for arming the militia, as herein requir- 
ed, shall be of bores sufficient for balls, of the eighteenth 
part of a pound. — And every citizen so enrolled, and 
providing himself with the arms, ammunition, and accou- 
trements, required as aforesaid, shall hold the same, ex- 
empt from all suits, distresses, executions, or sales, for 
debt or for the payment of taxes. 

Sect. 2. The Vice-President of the United States j 
the officers, judicial and executive, of the government of 
the United States ; the members of both Houses of Con- 
gress, and their. respective officers ; all customhouse offi- 
cers, with their clerks ; all post officers and stage drivers, 
who are employed in the care and conveyance of the 
mail of the post office of the United States ; all ferrymen, 
employed at any ferry on the post road ; all inspectors 
of exports : all pilots ; all mariners actually employed in 
the sea service of any citizen or merchant within the Uni- 
ted States ; and all persons who now are, or may here- 
after be exempted by the laws of the respective States, 
shall be, and are hereby exempted from militia duty, not- 
withstanding their being above the age of eighteen and 
under the age of forty -five years. 

Sect. 3. Within one year after the passing of this act, 
the militia of the respective States shall be arranged into 
divisions, brigades, regiments, battalions, and companies, 
as the legislature of each State shall direct; and each 
division, brigade, and regiment, shall be numbered at the 
formation thereof; and a record made, of such numbers, 
in the adjutant-general's office in the state ; and when in 
the field, or in service in the state, each division, brigade, 



104 MILITIA, 

and regiment, shall respectively take rank according to 
their numbers, reckoning the first or lowest number, high- 
est in rank. That, if the same bs convenient, each brig- 
ade shall consist of four regiments; each regiment of 
two battalions ; each battalion of five companies ; each 
company of sixty-four privates. That the said militia 
shall be officered by the respective states, as follows : 
To each division, one major general and two aids-de- 
camp, with the rank of major ; to each brigade, one brig* 
adier-general, with one brigade inspector, to serve also as 
brigade major, with the rank of a major; to each regi* 
ment, one lieutenant-colonel commandant : and to each 
battalion, one major ; to each company, one captain, one 
lieutenant, one ensign, four Serjeants, four corporals, one 
drummer, and one fifer or bugler. That there shall be 
a regimental staff, to consist of one adjutant, and one 
quartermaster, to rank as lieutenants; one pay-master, 
one surgeon, and one surgeon's mate ; one serjeant- 
raajor ; one drum major, and one fife major. 

Sect. 4. Out of the militia enrolled as is herein direct- 
ed, there shall be formed, for each battalion, at least one 
company of grenadiers, light infantry, or riflemen ; and 
that to each division there shall be at least one company 
of artillery, and one troop of horse ; there shall beta 
each company of artillery one captain, two lieutenants, 
four seijeants, four corporals, six gunners, six bombard- 
iers, one drummer, and'one fifer. The officers to be arm- 
ed with a sword or hanger, a fusee, bayonet and belt, with 
a cartridge box to contain twelve cartridges: and each 
private or inatros shall furnish himself with all the equip- 
ments of a private in the infantry, until proper ordnance 
and field artillery is provided. There shall be to each 
troop of horse, one captain, two lieutenants, one cornet, 
four Serjeants, four corporals, one saddler, one farrier, 
and one trumpeter. The commissioned officers to fur- 
nish themselves with good horses, of at least fourteen 
hands and an half high, and to be armed with a sword, 
and a pair of pistols, the holsters to which to be covered 
with bearskin caps. Each dragoon to furnish himself with 
a serviceable horse, at least fourteen hands and an half 
high, a good saddle, bridle, mailpillion, and valise, hol- 
sters, and a breastplate and crupper, a parr of boots and 
spurs, a pair of pistols, a sabre, and a cartouch box, to 



MILITIA. 105 

contain twelve cartridges for pistols. That each compa- 
ny of artillery and troop of horse shall be formed of vol- 
unteers from the brigade, at the discretion of the com* 
mander in chief of the state, not exceeding one company 
of each to a regiment, nor more in number, than one elev- 
enth part of the infantry, and shall be uniformly clothed 
in regimentals, to be furnished at their own expense; the 
colour and fashion to be determined by the brigadier com- 
manding the brigade to which they belong. 

Sect. 5. Each battalion and regiment shall be provid- 
ed with the state and regimental colours, by the field of- 
ficers, and each company with a drum and fife, or bugle horn 
by the commissioned officers of the company, in such man- 
ner as the legislatures of the respective States shall direct. 
Sect. 6. There shall be an adjutant-general appointed 
in each State, whose duty it shall be, to distribute all or- 
ders from the commander in chief of the State, to the se- 
veral corps ; to attend all public reviews, when the com- 
mander in chief of the state shall review the militia or 
any part thereof; to obey all orders from him, relative to 
carrying into execution and perfecting the system of mili- 
tary discipline, established by this act; to furnish blank 
forms of different returns, that may be required, and to 
explain the principles on which they should be made; to 
receive from the several officers of the different corps 
throughout the state, returns of the militia under their 
command, reporting the actual situation of their arms, ac- 
coutrements, and ammunition, their delinquencies, and 
every other thing that relates to the general advancement 
of good order and discipline: all which the several offi- 
cers of the divisions, brigades, regiments, and battalions, 
are hereby required to make, in the usual manner, so that 
the said adjutant-general may be duly furnished there- 
with: from all which returns he shall make proper ab- 
stracts, and lay the same, annually, before the command- 
er in chief of the State. 

Sect. 7. The rules of discipline, approved and estab- 
lished by Congress, in their resolution, of the 29th of 
March, one thousand seven hundred and seventy nine, 
shall be the rules of discipline, to be observed, by the mi- 
litia, throughout the United States, except such deviations 
from the said rules, as may be rendered necessary, by the 
requisitions of this act, or by some other unavoidable cit 



106 MILITIA. 

cumstances. It shall be the duty of the commanding offi- 
cer, at every muster, whether by* battalion, regiment, or 
single company, to cause the militia to be exercised and 
trained, agreeably to the said rules of dicipline. 

Sect. 8. All commissioned officers shall take rank ac- 
cording to the date cf their commissions ; and when two 
of the same grade bear an equal date, then their rank 
to be determined by lot, to be drawn by them, before th« 
commanding officer of the brigade, regiment, battalion, 
company, or detachment. 

Sect. 9. If any person, whether officer or soldier, belong* 
ing to the militia of any State, and called out into the ser- 
vice of the United States, be wounded or disabled while 
in actual service, he shall be taken care of, and provided 
for at the public expense. 

Sect. 10. It shall be the duty of the brigade inspector, 
to attend the regimental and battalion meetings of the mi- 
litia composing their several brigades, during the time of 
their being under arms, to inspect their arms, ammunition, 
and accoutrements ; superintend their exercise and ma- 
noeuvres, and introduce the system of military discipline 
before described, throughout the brigade, agreeable to law, 
and such orders as they shall, from time-' to time, receive 
from the commander in chief of the State; to make re? 
turns to the adjutant general ©f the State at least once in 
every year, of the militia of the brigade to which he be- 
longs, reporting therein the actual situation of the arms, 
accoutrements, and ammunition of the several corps, and 
every other thing, which in his judgment may relate to 
the government, and the general advancement of good 
order and military discipline ; and the adjutant-general 
shall make a return of all the militia of the State, to the 
commander in chief of the said State, and a duplicate of 
the same to the President of the United States. And 
whereas sundry corps of artillery, cavalry, and infantry, 
now exist in several of the said States, which by the laws, 
customs, or usages thereof, have not been incorporated 
with, or subject to the general regulations of the militia. 

Sect. 11. Such corps retain their accustomed privi- 
leges, subject nevertheless, to all other duties required by 
this act, in like manner with the other militia. 



MILITIA. 107 

And whereas Congress, on the second day of March, 
in the year of our Lord, one thousand eight hundred and 
three, passed the following additional law, entitled, 

" Jin act in addition to an act, entitled, Jin act more effec- 
tually to provide for the national defence, by establishing 
an uniform Militia throughout the United States." 

IT shall be the duty of the adjutant-general of the 
militia, in each state, to make return of the militia in each 
to which he belongs, with their arms, accoutrements, and 
ammunition, agreeably to the directions of the act, to 
which this is in addition, to the President of the United 
States, annually, on or before the first Monday in Janua- 
ry, in each year: and it shall be the duty of the secreta- 
ry of war, from time to time, to give such directions to 
the adjutant-generals of the militia, as shall in his opin- 
ion be necessary to produce an uniformity in the said re- 
turns, and he shall lay an abstract of the same before Con- 
gress, on or before the first Monday of February annually. 
Skct. 2. Every citizen duly enrolled in the militia, 
shall be constantly provided with arms, accoutrements, 
and ammunition, agreeably to the directions of the said 
act, Irom and after he shall be duly notified of his enrol- 
ment ; and any notice or warning to the citizen so enroll- 
ed, to attend a company, battalion, or regimental muster, 
or training, which shall be according to the laws of the 
state, in which it is given for that purpose, shall be deem- 
ed a legal notice of his enrolment. 

Sect. 3. In addition to the officers, provided for by 
the said art, there shall be to the militia of each state, 
one quarter-master general ; to each brigade, one quar- 
ter master of brigade ; and to each regiment, one chaplain. 

Now therefore, the more effectually to carry the foregoing 
Laws, and the provisions oj thp Constitution of this Com- 
monwealth, into execution : 

Sect. 1. BE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That in addition to the exemptions 
made by the foregoing laws of the € nited States, the per- 
sons afterwards in this section mentioned, be, and they 
are hereby either absolutely or conditionally exempted 
from militia duty, notwithstanding their being of the age 



108 MILITIA. 

of eighteen, and under the age of forty-five years ; and 
that the following be the persons who are absolutely ex- 
empted, viz. the Lieutenant Governour; the members of 
the Executive Council ; the Judges of the Supreme Judi- 
cial Court, and their Clerks; the Judges of the Courts oi' 
Common Pleas, and their Clerks ; the members of the 
Legislature, and its officers, while the same is in session; 
Judges of Probate ; Justices of the Peace, holding com- 
missions, and qualified to act as such ; Registers of Pro- 
bate ; Registers of Deeds ; the Attorney General, and 
the Solicitor General ; the Secretary and Treasurer of 
the Commonwealth, and their Clerks ; Sheriffs ; all Offi- 
cers and Students of any College,, actually resident there ; 
Preceptors of Academies, and School Masters, while ac- 
tually employed as such ; the President, Professors, and 
Students of Theological Seminaries ; Ministers of the 
Gospel, of every denomination ; all Students of Divinity, 
who shall produce a certificate from an ordained Clergy- 
man, of their being such, and deliver the same to the Com- 
manding Officer of the Company within whose bounds 
such Student resides ; the first Clerk in the Adjutant and 
Quarter-Master General's Offices, respectively ; all Offi- 
cers who have held or may hereafter hold Commissions in 
the Army or Navy of the United States : all Officers who 
have heretofore held or may hereafter hold Commissions 
in the Militia of this State, or any other State of the Uni- 
ted States, for the term of five years, or shall have been 
superseded and discharged ; the Officers and Guards em- 
ployed at the State's Prison, in Charlestowtt ; such En- 
gine men as shall annually produce, to the commanding 
officer of the company within whose bounds they reside, 
certificates from the selectmen of their respective towns* 
that they have been legally appointed and are bound to 
perform the duties of Engine men ; and by the act of 
June 20, 1820, chap. 16. all students of incorporated acad- 
emies while actually attending the same, except students 
of the town in which the academy is situated, are exempted. 
And by the act of February 21, 1821, chap. 82, the super* 
intendants, and other officers and assistants, employed in 
and about the Massachusetts general hospital, not exceed- 
ing four in each department, are also exempted. And 
every person of the religious denominations of Quakers 
and Shakers, who shall, on or before the first Tuesday of 



MILITIA. 109 

May, annually, produce a certificate to the commanding 

officer of the company within whose bounds such Quaker 

or Shaker resides ; which certificate, signed by two or 

more of the elders or overseers, (as the case may be) and 

countersigned by the clerk of the society with which such 

Quaker or Shaker meets for religious worship, shall be in 

substance as follows : 

" We, the subscribers, of the Society of the people called 

in the toivn of in the county of 

do hereby certify that is a member 

of our Society, and that he frequently and usually attends 

with said Society for religious worship, and we believe is 

conscientiously scrupulous of bearing arms. 

-p ^ , A. B.> Elders or Ovei seers." 

IV b. Uerk. Q D £ j- as the cage may be -j 

And that the persons aftermentioned in this section, not- 
withstanding their being above the age of eighteen and 
under the age of forty -five years, be, and they are hereby 
conditionally exempted from militia duty, as follows, viz. 
Deputy Sheriffs and Coroners ; Physicians and Surgeons ; 
all Officers who have heretofore held, or may hereafter 
hold, commissions in the militia of this state, or any other 
state of the United States, for a term less than five years ; 
and all persons who are, or may hereafter be between the 
ages of forty and forty -five years, (by the act of 1821, 
chap. 9£, limited to 35 and 45.) be, and they are hereby 
exempted from alt militia duty, except that of keeping 
themselves constantly furnished with the arms and equip- 
ments required by the laws of the United States., and the 
duty of carrying or sending them, on the first Tuesday of 
May annually, to the place of inspection, or view of arms, 
of the company within whose bounds they may reside, and 
in which they are enrolled, and the duty of attending elec- 
tions of company officers, as herein after provided ; Pro- 
vided however, That the persons conditionally exempted 
as aforesaid, shall pay to the treasurer of the town or dis- 
trict within which such exempt resides, two dollars annu- 
ally, and produce his receipt therefor to the commanding 
officer of the company, on or before the first Tuesday of 
May in each year ; and the said treasurer shall keep an 
account of all monies so by him received, and such money 
shall be expended by the selectmen of such town or dis- 



110 MILITIA. 

forming the militia of such town or district, as may not b€ 
conveniently able to arm, and equip, and uniform them- 
selves. 

Sect. 2. The commander in chief, with advice of coun- 
cil, be, and he hereby is authorised and empowered to or- 
ganize and arrange the militia of this Commonwealth, con- 
formably to the laws of the United States, and to make 
such alterations therein, as, from time to time, may be 
deemed necessary. And that in future all applications 
or petitions for raising companies at large, and all appli- 
cations or petitions for alterations in the arrangement of 
the militia, shall be made to the commander in chief; and 
he, by and with the advice and consent of the council, is 
hereby authorized to grant such petitions or applications, 
as to him may appear proper. Provided however, That 
the present organization and arrangement of the militia 
shall continue, until the commander in chief, with advice 
of council, shall otherwise order. 

Sect. 3. The commissioned officers of the militia, nam- 
ed in the aforesaid laws of the United States, shall be 
chosen and appointed in manner following : 



fTo be chosen by the Senate and 

™ -^ . „ I House of Representatives, each hav- 
The Major-Gen- J ing & d ^ on the other> and to 

] be commissioned by the Commander 

Lin Chief. 

,„, n . ,. fTo be chosen by the written votes of' 
The Brigadier- \ fhe fie , d office J of thejr r?gpectiTC 

enera s oj <; brigades, and to be commissioned by 
Brigades [_ th e Commander in Cllief ' 

f"To be chosen by the written votes of 
mi -n- 7j -h I the captains and subalterns of their 
The Field officers J ctive regiments and battalions, 

°f, "8™? 1 **} to be commissioned bv the Command- 
and Battalions | er in Chief - according t to tne grades to 

l^which they may be elected. 



MILITIA. 



Ill 



The Capfains 
and Subalterns^ 
of Companies 



"To be chosen by the written votes of 
the non-commissioned officers and pri- 
vates of their respective companies, of 
twenty-one years of age and upwards, 
(the amendments to the constitution, 
Art. 5. provides that all members of 
the company be voters,) and to be com- 
missioned by the Commander in Chief, 
according to the grades to which they 
may be elected. 

To be appointed and commissioned by 
the Commander in Chief, with the rank 
_ of Brigadier-General. 
pTo be appointed by the Commander in 
The Quarter- | Chief, with advice of Council, and 
Master- Gene- < to be commissioned by the Commander 
in Chief, with the rank of Brigadier- 
General. 

To be appointed by their respective 

j major-generals, and to be commission- 

Gene- \ ed by the Commander in Chief, with 

\i h e ra n k of m aj o r . 

Brigade-Ma- f T ? be . appointed by their respective 



The Adjutant* 
General 



ral 

The Aids -de- 
camp of the 



Major 
rats 



The . 
jors, and the J brigadier-generals, and to be commis- 
Brigade Quar- | sioned by the Commander in Chief, 
ter Masters (^with the rank of major. 

2'he Jldjulants, the 
Quarter-Masters, 
and the Paymas-<r 
ters of Regi* 
ments 

The Chaplains, the 
Surgeons,an&thej 
Surgeon's Males } 



To be appointed by the lieutenant co- 
lonels commandants of their respective 
regiments, and to be commissioned by 
the Commander in Chief, with the rank 
oflieutenant. 

"To be appointed by the lieutenant co- 
lonels commandants of their respective 
regiments, and to be- commissioned by 
of regiments (j he Commander in Chief, as such. 

Segt. 4. The non-commissioned officers, named in the 
aforesaid laws of the United States, shall be appointed in 
the manner following : 

The non-commis- fTo be appointed by the lieutenant- 
sioned Staff- J colonels commandants of their respec- 
Ojficers ofreg-*) tive regiments, who shall grant them 
imenis Warrants accordingly. 



II; 



MILITIA. 



The non-commis- 
sioned officers 
of companies 



f To be appointed by the captains of 
| their respective companies, who shall 
J forthwith make return thereof to the 
^ commanding officer of their respee- 
| tive regiments or battalions, and they 
| shall grant them warrants accor- 
dingly. 
Sect. 5. In addition to the commissioned and non-com- 
missioned officers above enumerated, the following officers 
and non-commissioned officers shall be appointed in the 
manner following : 

Aids de-camp to the f To be appointed and commissioned 
Commander in J by the Commander in Chief, with 
Chief not to exceed 



four in number 

A Judge- Advocate 
for each division 

$n Adjutant and a 
Quarter-inaster to 



the rank of lieutenant-colonel com- 
mandant. 
"To be nominated by the major-gen- 
eral of each division, and if approv- 
ed by the Commander in Chief, to 
be commissioned by him with the 
j-ank of major. 

To be appointed by the command- 
ing officers of their respective bat- 
each battalion o/<j talions, and to be commissioned by 
artillery, and cav- j the Commander in Chief, with the 
airy 



A Serjeant-Major 



l^rank of lieutenant. 

f To be appointed by the lieutenant- 

J colonels commandant of their res- 

to each regiment | pective regiments, who shall grant 

(^warrants accordingly. 

f To be appointed by the commaad- 
J ing officers of their respective bat- 

j talions, who shall grant warrants 

^accordingly, 
major general be, and he hereby is au- 



A Quarter-master 
Serjeant to each 
battalion of artil- 
lery and cavalry 
Sect. 6. Each 
thorized, and it shall be his duty from time to time to give 
all such orders, as may be necessary, for filling by elec- 
tion, any vacancy or vacancies of brigadier-general, field 
officer, captain, or subaltern, which does now, or may here- 
after exist, within his division. And previous to any such 
election, the electors shall have ten days notice thereof at 
least ; and all returns of elections, or of neglects, or refu- 
sals to elect, shall be made to the Commander in Chief, 
hy the major-generals in whose divisions such elections 



MILITIA. IIS 

shall have been ordered ; and in case of neglect or refu- 
sal by the electors to elect any officer, when duly notified 
and ordered thereto, the Commander in Chief, with advice 
of Council, shall appoint some suitable person to fill such 
vacancy. And all commissions shall pass through the 
hands of the major-generals to the officers within their 
respective divisions who may be entitled to receive them. 
And every person, who shall be elected to any office as 
aforesaid, and shall not within ten days, after he shall 
have been notified of his election, by the officer who pre- 
sided thereat, (excepting in case of the choice of major-gene- 
ra!, who shall be allowed thirty days after he shall be noti- 
fied by the Secretary of the commonwealth) signify his 
acceptance thereof, shall be considered as declining to 
serve, and orders shall be forthwith issued for a new 
choice. 

Sect. 7. Every officer, duly commissioned in pursu- 
ance of the provisions of this act, shall, before he enters 
upon the discharge of the duties of his office, take and sub- 
scribe the following oaths and declarations : 

" I, A. B. do solemnly swear, that I will bear true faith 
and allegiance to the Commonwealth of Massachusetts/ 
and will support the constitution thereof. So help me 

god:' 

Provided, that when any person shall be of the denom- 
ination called Quakers, and shall decline taking said 
Oath, he shall make his affirmation in the foregoing form, 
omiting the word " swear," and inserting, instead there- 
of, the word "affirm," and omiting the words " so help 
me GO*)," and subjoining, instead thereof, the words 
" this I do under the pains and penalties of perjury." 

" I, A B , do solemnly swear and affirm, that 

1 will, faithfully and impartially, discharge anil perform 

all the duties incumbent on me as according to the 

best of my abilities and understanding, agreeably to the 
rules and regulations of the Constitution, and the laws of 
this Commonwealth. So help me God. 

" J, A B , do swear that I will support the 

Constitution of the United States." 

Which oaths and declarations as aforesaid, each com- 
missioned officer shall take ami subscribe before some 
Justice of the Peace, or befire some general or field offi- 
cer, who has previously taken and subscribed them him- 
10* 



114 MILITIA 

self. And on the back of every commission issued after 
the first day of May next, the following form of certifi- 
cate of qualification shall be printed. 

" This may certify that A -B v commission- 
ed as within, on this day of A. D. per- 
sonally appeared, and took and subscribed the oaths and 
declarations required by the constitution and laws of 
this Commonwealth, and a law of the United States, ta 
qualify him to discharge the duties ef his office. 

Before me ?? 

Sect. 8. To every company there shall be a clerk, 
who shall be one of the Serjeants, and he shall be appoint- 
ed by the captain or commanding officer of the company, 
and on the back of his warrant as Serjeant, the captain 
or commanding officer of the company, shall in writing 
certify, that he does thereby appoint him to be clerk of 
the company. And before such clerk enters upon the 
duties of his clerkship, he shall be sworn to the faithful 
discharge of his duty, by taking the following oath before 
the captain, or commanding officer of the company to 
which he belongs, who is hereby authorized to administer 
the same, viz. 

"I, A. B, do solemnly swear, that! will faithfully and 
impartially do and perform all the duties incumbent on 
me, as clerk of the company to which I belong, according 
to the best of my abilities and understanding. So help 
me God.*' 

And the captain or commanding officer of the compa- 
ny shall, at the time of his administering said oath, cer- 
tify on the back of the warrant of the serjeant appointed to 
he clerk, that he was duly qualified, by taking the oath 
required by law. And it shall be theduty of the clerk 
to keep a fair and exact roll of the company, together 
with the state of the arms and equipments, belonging to 
each man, which roll he shall annually revise, in the month 
of May, and correct the same, from time to time, as the 
state of, and alterations in, the company may require ; to 
register all orders and proceedings of the company, in the 
orderly book ; to keep exact details of all drafts and de- 
tachments ; to assist the commanding officer of the com- 
pany, in the enrolment thereof, and also in enrolling all 
such persons without partiality or favour, liable to any 
military duty, coming to live within his company bounds* 



MILITIA. 11 3 

as he may from time to time be informed thereof; to dis- 
tribute all company orders and notifications, which he 
may be required to do ; to examine the equipments of 
the men, when ordered ; to note all delinquencies, to sue 
for and recover all fines and forfeitures, which are re- 
quired by this act, to be sued for, and recovered by him; 
to keep accounts in the orderly book of all fines and for- 
feitures, and all other monies, collected by him, with the 
persons' names, of wh m they were collected, and of 
the times when, and for what offence, neglect, default or 
deficiency ; which book shall not be alienated from the 
company, and shall always be open to the inspection of 
any officer of the company. 

Sect. 9. Every officer, non-commissioned officer and 
private of infantry, light infantry, cavalry, artillery, gren- 
adiers and riflemen, shall constantly keep himself fur- 
nished and provided with the arms and equipments re- 
quired by the laws of the United States before recited, ex- 
cept such private as shall not be able so to provide him- 
self. And no private shall be considered unable to pro- 
vide himself with the arms and equipments required as 
atoresaid, unless he shall produce, after the first day of 
April and before the first Tuesday in May annually, to 
the commanding officer of the company to which he be- 
longs, a certificate of such inability, from the overseers of 
the poor, of the town or district where he resides-. And 
the commanding officer of the company to which such 
private belongs shall forthwith lay such certificate before 
the select men of the town or district where such private 
resides. And it shall be the duty of such selectmen, 
forthwith, at the expense of their respective towns or dis- 
tricts, to provide for every such private, the arms and 
equipments required as aforesaid^ and they shall deposite 
the same in some safe and convenient place, and shall per- 
mit the commanding officer of the company, to which 
such private, unable to provide himself as aforesaid, be- 
longs, to deliver such arms and equipments to such pri- 
vate, whenever his company shall be ordered out for any 
military duty. And the said commanding officer shall be 
responsible for the safe return of such arms and equip- 
ments to the place of deposite. 

The statute of 1812, chap. 126, provides a penalty 
not exceeding fifty dollars fur the neg.ect or refusal of 



116 MILITIA. 

the selectmen of any town in performing their duties as 
mentioned in the ninth and twenty third sections of this 
act to be recovered by indictment in the Supreme Court 
or Court of Common Pleas. 

Sect. 10. The uniform of the militia, except of compa- 
nies of artillery, light infantry, cavalry, grenadiers, and 
riflemen, raised by voluntary enlistment, whose uni- 
forms are regulated by the laws of the United States, be- 
fore recited, shall be such as the commander in chief shall 
prescribe, stat. 1821, chap. 92. sect. 2. 

Sect. 11. Every officer, non-commissioned officer, and 
private shall hold his uniform exempted from all suits, 
distresses, executions or sales for debt, or the payment of 
taxes. And no officer, non-commissioned officer, nor 
private shall be arrested on any civil process, during his 
going unto, returning from, or his performance of military 
duty ; nor during his going unto, remaining at, or return- 
ing from any place, at which he may be ordered to meet 
for the election of any officer or officers. And no officer 
shall be arrested on any civil process while going unto, 
serving upon, or returning from any court martial, court 
of enquiry, or board of officers, upon which it may be the 
duty of such officer to attend. 

Sect. 12. The day of the appointment or election of 
any officer shall be expressed in his commission, and such 
day shall be considered as the date of his commission. 
And whenever an officer is transferred from one corps or 
station to another in the same grade, the day of the date 
of his original appointment or election shall be expressed 
in his new commission, and that day be considered the 
date of his commission. And when an officer shall, by 
fire or other casualty, lose his commission, upon his mak- 
ing an affidavit thereof, before any judge or justice of any 
court of record, in the county where he resides, on such 
affidavit being produced at the Adjutant General's office, 
he shall be entitled to receive a new commission, of the 
same tenor and date as the one so lost as aforesaid. And 
all officers when on duty shall take rank by the dates of 
their commissions as above defined. And when two or 
more officers of the same grade are on duty together, and 
their commissions bear an equal date, and former preten- 
sions of some commission do not decide, then their rela- 
tive rank with each other shall be determined by lot, to be 



MILITIA. 1 17 

drawn by them before the commanding officer present, 
and when on court martial, before the president thereof. 

Sect. 13. Whenever the office of major-general, briga- 
dier-general, lieatenant-colonel commandant, major com- 
mandant, or of captain, shall be vacant, the officer next in 
grade and in commission, in the division* brigade, regi- 
ment, battalion, or company, shall exercise the command, 
and perform the duties thereof, until the vacancy shall be 
supplied. And in case of the sickness, absence, or other 
inability of the clerk of any company, the commanding of- 
ficer thereof is hereby authorized to appoint a clerk pro- 
tempore, who shall be duly sworn, and shall for the time 
being have all the powers, and be subject to all the du- 
ties, and be liable to all the penalties of the clerk, in whose 
place he is put. And whenever a company shall have 
neither officers nor non-commissioned officers, the com- 
manding officer of the regiment or battalion, to which such 
company belongs, shall appoint suitable persons within 
said company to be non-commissioned officers of the same, 
and grant them warrants accordingly, one of which non- 
commissioned officers he shall appoint clerk, and shall 
endorse the warrant of the non-commissioned officer, ap- 
pointed clerk, and administer the oath to him, as required 
by the commanding officers of companies, in the eighth 
section of this act, and the senior non-commissioned offi- 
cer of a company, while there are no commissioned offi- 
cers in office, shall command the same ; and all the au- 
thorities and powers of commanding officer shall be vest- 
ed in him, until some commissioned officer is chosen or 
appointed, and has qualified himself. Provided however, 
that when a company, destitute of commissioned officers, 
shall parade with other troops, the commanding officer 
present shall assign some commissioned officer or officers 
to such destitute company, to command the same while 
on parade. 

Sect. 14. In each brigade, where there are now or may 
hereafter be two companies of artillery, they shall form 
a battalion, and be entitled to a major, an adjutant, and a 
quarter master ; that in each brigade, where there are now, 
or shall hereafter be three companies of artillery, they 
shall still form one battalion ; and that in each brigade, 
where there are now, or may hereafter be four companies 
of artillery, they shall form a regiment of two battalions*. 



118 MILITIA. 

and be entitled to a lieutenant-colonel commandant. And 
each company of artillery shall be provided by the quar- 
ter-master-general with two good brass field pieces, of 
such calibre as the Commander in Chief may direct, with 
carriages and apparatus complete ; an ammunition cart, 
forty round shot, and forty rounds of cannister shot ; also 
tumbrils, harness, implements, laboratory, and ordnance 
stores, which may from time to time be necessary for their 
complete equipment for the field. And the Commander 
in Chief shall order to be issued, to each company of ar- 
tillery annually, a quantity of powder, not exceeding one 
hundred pounds, which shall be expended on days of in- 
spection or review, and in experimental gunnery. And 
the commanding officer of every company of artillery shall 
be accountable for the careful preservation of the pieces, 
and all the apparatus aforesaid appertaining to their 
equipment, and for the proper expenditure of the ammu- 
nition supplied by the government. And the command- 
ing officer of every company of artillery shall lay before 
the committee on accounts for allowance, his accounts of 
money actually expended in providing horses to draw the 
field pieces and tumbril of his company : Provided how- 
ever, No allowance shall be made, unless such company 
is ordered to appear at a battalion, regimental, brigade, 
or division inspection, or review, or to march out of the 
town in which the gun house of such company is situated, 
or unless such company is ordered on duty by the Com- 
mander in Chief. And each commanding officer of a com- 
pany of artillery is hereby authorized to enlist three men 
to serve as drivers, who, when enlisted, shall be exempt- 
ed from other military duty. 

Sect. 15. Where there are now, or may hereafter be, 
two companies of cavalry in a brigade, they shall form a 
battalion, and be entitled to a major, an adjutant, and a 
quarter-master. And in those brigades where there are 
iiow, or may hereafter be, three companies of cavalry, 
they shall still form a battalion ; and in each brigade, 
where there are now or may hereafter be four companies of 
cavalry, they shall form a regiment of two battalions, and 
be entitled to a lieutenant colonel commandant. And if 
any non-commissioned officer or private of any company 
of cavalry shall be destitute of a suitable horse and furni- 
ture for more than two months, at one time, it. shall be 



MILITIA. 119 

the duty of the commanding officer of the company imme- 
diately to apply to the brigadier-general of the brigade, 
whose duty it shall be forthwith to discharge such non- 
commissioned officer or private from such company, and 
cause him to be enrolled in the standing company within 
whose bounds he resides, and if he be a non-commission- 
ed officer, he shall be considered as reduced to the ranks. 
And when any draft or detachment shall be made from 
any company of cavalry for actual service, the men draft- 
ed or detached shall march with their own horses, and be- 
fore they march, if there be time, the horses shall be ap- 
praised by three impartial men, to be appointed by the 
commanding officer of the brigade, to which the company 
belongs, from which the draft or detachment is ordered. 

Sect. 16. No company of cavalry, artillery, light in- 
fantry, grenadiers, or riflemen shall be raised at large 
when any of the standing companies shall thereby be re- 
duced to a less number than sixty four privates ; and no 
officer of cavalry, artillery, light infantry, grenadiers, or 
riflemen, shall enlist any men belonging to a standing com- 
pany, for the purpose of forming or recruiting his compa- 
ny, when, by means thereof, such standing company 
would be reduced to a less number than sixty-four pri- 
vates ; and if any company, raised at large, shall at any 
time be destitute of commissioned officers, and shall neg- 
lect to fill the vacancies for two months after being order- 
ed to choose officers to fill them, or if any such company 
shall be reduced to a less number than twenty privates, 
and remain»so for three months, then in either case as 
aforesaid, such company shall be disbanded, and the men 
which belonged to such delinquent company shall be en- 
rolled in the standing company within the bounds of 
which they respectively reside. And all companies, rais- 
ed at large, and not annexed to any particular regiment, 
shall be subject to the orders of the commanding officer 
of the brigade in which they have been raised ; and shall 
make their elections of officers in the same manner as 
other companies, but shall make their returns of elections 
to the commanding officer of the brigade. And at all pa- 
rades of regiments, the companies commanded by the two 
senior captains shall act as light infantry companies, ex- 
cept where companies of light infantry, grenadiers, or ri- 



120 MILITIA. 

flemen, have been or may be hereafter raised and annexed 
to the regiment. 

Sect. 17* Each brigadier-general be, and he hereby is 
authorized to raise by voluntary enlistment, and to or- 
ganize and establish within his brigade, a band of musick, 
not to exceed twenty-four musicians, including one mas- 
ter and two deputy masters ; and each brigadier-gen- 
eral may, at his discretion, divide such band into sections, 
not exceeding three, and establish them in such parts of 
his brigade, as in his opinion may most conduce to the 
good of the service ; and the brigadier-general shall grant 
the musicians, deputy masters, and master of the band, 
warrants as such, and each band shall be under the di- 
rection of the commanding officer of the brigade in which 
it is raised. And it shall be the duty of the master and 
deputy masters, to teach, lead, and command such band* 
or section of a band, and to issue all such orders as they 
may be by their brigadier-general authorized to> for those 
purposes. And each master, deputy master, and musi- 
cian shall constantly keep himself provided with the 
uniform of the band to which he belongs, which uniform is 
to be prescribed by the brigadier-general ; and shall also 
keep himself constantly provided with such instrument 
or instruments as may be directed. And if any master, 
deputy master, or musician shall be guilty of any neglect 
of duty, disobedience of orders, disorderly, or other un- 
military conduct, he shall forfeit not less than ten, nor 
more than twenty dollars to the useof the Commonwealth, 
for each offence, to be sued for hy the brigade-major of the 
brigade, in an action on the case, before any Justice of 
the Peace in the county where the offender resides, and 
no appeal shall be allowed to either party ; and such mas- 
ter, deputy master, or musician, shall moreover be liable 
to be removed from the band, at the discretion of the 
brigadier-general, and shall forthwith be enrolled as a 
private in the standing company within the bounds of 
which he resides. And each master, deputy master, 
and musician of a band shall be exempted from all milita- 
ry duty while belonging to the band, excepting such as 
shall be required of him by the brigadier-general, even 
if the company from which he enlisted shouid not be full. 
And it shall be the duty of every brigade major, who may 



MILITIA, 121 

have recovered any forfeiture from any one belonging to 
the brigade band, to credit the Commonwealth for the 
same in his account. (Seestat.of 1821. chap. 92. sect. 3.) 
Sect. 18. Every commanding officer of a company 
shall parade Ids company on the first Tuesday of May 
annually, at one of the clock in the afternoon, for the 
purpose' of inspecting, examining and taking an exact 
account of ail the equipments of his men, and for noting 
all delinquencies of appearance, and deficiencies of equip- 
ment, and for correcting his company roll, in order that a 
thorough inspection of each company in the Common- 
wealth may be made. (See stat. 1821. chap. 92. sect. 4. 
authorizing the captain to train and discipline his company 
on this day.) And it shall be the duty of exevy com- 
manding officer of a company, to parade his company by 
his own order, on three several days in the year for train- 
ing, in addition to the company inspection aforesaid ; 
and on the three several days of training, to use his best 
exertions, in instructing and perfecting his men, in their 
company exercise and evolutions. And whenever the 
commanding officer of a company shall order out his com- 
pany for inspection or training, or for any battalion, 
regimental, brigade, or division inspection, or review, he 
shall issue his orders to some one or more of the non- 
commissioned officers or privates of his company, requir- 
ing him or them, to notify the men belonging to his com- 
pany to appear at the time and place appointed ; and it 
shall be the duty of the non-commissioned officer or offi- 
cers, private or privates, so ordered as aforesaid, to give 
notice of the time and place appointed for the parade of 
said company, to each and every man, he or they shall 
have been ordered to notify, (either by giving to each man 
personal notice, stat. 1821. sect. 5.) or by leavingathis us- 
ual place of abode, a written or printed order. And no 
notice shall belegal, for any company inspection or train- 
ing, or for any battalion, regimental, brigade, or division 
inspection, or review, unless the same shall be given four 
days at least previous to the time appointed therefor* 
Provided always, that in case of invasion, insurrection, 
or other emergency, any notice, however short, shall be 
legal and binding. And in all cases the testimony of 
the clerk, or any other non-commissioned officer or pri- 
vate, who shall have received orders to notify the whole 
11 



182 MILITIA. 

or any part of the men, of any company, to appear at a 
time and place appointed, for any military duty, shall be 
conclusive to prove, that due notice was given to the par- 
ty prosecuted, unless such testimony be invalidated by 
other evidence. And whenever any company shall be 
paraded, the commanding officer of such company is here- 
by authorized verbally to notify the men so paraded, to 
appear on some future day, not exceeding thirty days from 
the time of such notification, and such notice shall be le- 
gal, as it respects the men present. 

Sect. 19. Every commanding officer, when on duty, is 
hereby authorized to ascertain and fix necessary limits 
and bounds to his parade, (no road in which people usual- 
ly travel to be included) within which no spectator shall 
have a right to enter, without liberty from such command- 
ing officer: and in case any person shall intrude within 
the limits of the parade, after being once forbidden, he 
shall be subject to be confined under guard during the 
time of the parade, or a shorter time, at the discretion of 
the commanding officer. 

Sect. £0. Any keeper of a tavern, bearding h«use> or 
master or mistress of any dwelling-house, who shall re- 
fuse to give information of the name or names of any per- 
son or persons residing with him or her, liable to military 
duty, when applied to for that purpose by the command- 
ing officer of the company, within the bounds of which 
such tavern, boarding house, or dwelling-house is situated, 
or when applied to for that ptupose by any person acting 
under the orders of such commanding officer, or shall, 
give any false information upon such application, every 
such person so ofifending shall forfeit twenty dollars, to 
be sued for by the clerk of the company in an action on the 
case before any justice of the peace of the county where 
such offender resides. And in all cases of doubt respect- 
ing the age of any person intended to be enrolled, the par- 
ty questioned as to his age shall prove the same to the 
satisfaction of the enrolling officer ; and if any person lia- 
ble to military duty, upon application to him personally 
by the commanding officer of the company, within the 
bounds of which such person resides, or upon application, 
as aforesaid by any person acting under such commanding 
officer, shall either refuse to give his name, or not give his 
name truly, every such person, so offending, shall forfeit 



MILITIA. 123 

twelve dollars, to be sued for in the manner before point- 
ed out in this section. 

Sect. 21. When any non-commissioned officer or pri- 
vate in any company, shall receive orders from the com- 
manding officer of such company, to notify and warn such 
company, or any part thereof, to meet for the purpose of 
choosing any officer or officers, it shall be the duty of 
such non-commissioned officer or private to give every per- 
son he is so ordered to warn, personal notice, or to leave 
him a writ or printed notification at his usual place of 
abode, specifying the time, place, and purpose of said 
meeting ; and no election of a company officer shall be va- 
lid in Situ re, unless a majority of the qualified voters of 
the company are present at the election. 

Sivct. 22. Every town and district, within this com- 
monwealth, shall provide and deposite and constantly keep 
provided and deposited in some suitable and convenient 
place within said town or district, one hundred pounds of 
musket balls, each of the eighteenth part of a pound ; one 
hundred twenty-eight flints, suitable for muskets; three 
copper, iron, or tin camp kettles, for every sixty-four 
soldiers enrolled within said town or district ; and the 
same proportion of the aforesaid articles for a greater or 
less number of soldiers enrolled as aforesaid. And every 
t9\vn or district, which shall neglect to keep itself con- 
stantly provided with the articles aforesaid, and in the 
proportions aforesaid, shall forfeit and pay to the use of 
the commonwealth, a sum not exceeding five hundred dol- 
lars, nor less than twenty dollars, according to the na- 
ture and degree of the neglect, to be recovered by indict- 
ment or information in any court of competent jurisdic- 
tion. 

Sect. 23. The selectmen of every town and district 
shall supply, at the expense of such town or district, or 
cause the commanding officer of each company within said 
town or district to be supplied with one quarter of a 
pound of good powder made into blank cartridges, for 
each non-commissioned officer and private borne on the 
company roll of such commanding officer, whenever such 
commanding officer's company is ordered to parade for 
review, provided such commanding officer makes a writ- 
ten application therefor, stating therein the number of men 



IM MILITIA. 

to be supplied. (See stat. 1812, chap. 1261 imposing a 
penalty on selectmen for neglect of duty.) 

Sect. 24. Whenever in case of threatened or actual 
invasion, insurrection, or other public danger or emergen- 
cy, the militia shall be ordered out, or any part thereof 
shall be ordered to be detached or drafted by the Com- 
mander in Chief, any person who shall be ordered out, 
detached, or drafted, in pursuance of and obedience to 
such orders, and being notified thereof, and ordered to 
inarch to the place of rendezvous, and shall neglect or re- 
fuse to obey such orders, and shali not within twenty-four 
hours, after he shall have been notified as aforesaid, pay' 
a fine of fifty dollars, to the commanding officer of the 
company to which he belongs, or procure an able bodied 
mail in his stead, such person shall be considered as a sol- 
dier, belonging to the detachment, and be dealt with ac- 
cordingly. And all fines paid as aforesaid, shall be ap- 
propriated to the hire of men to complete the detachment. 
And the officers of any detachment, ordered to be made 
a* aforsesaid, shall be regularly detailed from the rosters, 
and the non-commissioned officers and privates by lot, 
from the company rolls: And when any company shall 
not be organized, the officer commanding the brigade or 
regiment, shall either by himself or some other under him, 
proceed to make and complete the detachment, from such 
unorganized company. And whenever the militia, or any 
part thereof, after having been ordered out or detached as 
aforesaid, shall be ordered to march for the service of this 
State, each non-commissioned officer and private, so or- 
dered to march, shall provide and take with him three- 
days provisions, unless otherwise ordered. And the se- 
lectmen of every town and district, to which the men de- 
tached as aforesaid, and ordered to march for the service 
of this State, belong, shall provide and cause carriages to 
attend them with further supplies of provisions, and also 
the necessary camp equipage and camp utensils, until no- 
tice shall be given them by the commanding officer of the 
detachment to desist, and the selectmen shall present their 
accounts for supplies to the General Court for allowance* 
And whenever the selectmen of any town or district, 
from which a detachment or part thereof as aforesaid shall 
march, and being notified by the commanding officer of 
such detachment or part thereof, belonging to such town 



MILITIA. 125 

or district, and shall neglect or refuse to furnish the ne- 
cessary supplies, camp equipage, anil camp utensils, the 
town or district to which the selectmen, neglecting or re- 
fusing as aforesaid, belong, shall forfeit not less than two 
hundred nor more than five hundred dollars, to be sued 
for and recovered by any person, who may prosecute for 
the same, in an action on the case, in any court of compe- 
tent jurisdiction, one moiety to the prosecutor, and the 
other to the use of the commonwealth. And the officer 
to whom or by whose order any camp equipage or camp 
utensils, shall be delivered, shall be accountable for the 
same, unless injured or lost by some accident not in his 
power to prevent. 

Sect. 25. All the troops of each division shall be pa- 
raded once in each year for review, inspection, and disci- 
pline, either in brigades, regiments, or battalions of regi- 
ments, (regard being had to the scattered or compact sit- 
uation of the troops) at such times as the commanding of- 
ficer of the divisions may order. And when a brigade 
review or inspection is ordered, the commanding officer 
of the brigade shall appoint the place, and give notice 
thereof to the commanding officer of the division ; when 
a regimental review or inspection is ordered, the com- 
manding officer of the regiment shall appoint the place, 
and give notice thereof to the commanding officer of the 
brigade ; and when a review or inspection of a regimen- 
tal battalion is ordered, the commanding officer of the reg- 
iment shall appoint the place, and give notice thereof to 
the commanding officer of the brigade. And the places 
to be appointed for reviews or inspections as aforesaid, 
shall always be as central as, in the judgment of the officer 
pointing out the place, convenience will admit. And 
the artillery, cavalry, and other troops raised at large, and 
not annexed to any particular regiment, shall be reviewed 
and inspected once in each year, either by themselves, or 
with the brigades, regime >ts, or battalions of regiments, 
as the commanding officer of the respective divisions may 
order and direct. Provide I, lhat no officer, non-commis- 
sioned officer or private shall be obliged to -march a great- 
er distance from his home than fifteen miles to any brig- 
ade review. 

Sect. £o. No officer, non-commissioned officer or pri- 
vate shall be holden to perform any military duty on any 



■ 



126 MILITIA. 

»lay (except on days which are or may be specially pre- 
scribed bylaw) on which the selectmen of the town^r 
district, in which such officer, non-commissioned officer or 
private resides, shall appoint a meeting for the election of 
a representative to the general court, nor shall there be 
any military parade on the day pointed out by the consti- 
tution of this commonwealth for the election of governor, 
lieutenant-governor and senators, nor on any day which 
may be appointed for the choice of electors of president 
and vice president of the United States, or representatives 
to congress. And it shall not be lawful for any officer to 
parade his men on either of said days, unless in case of in- 
vasion made or threatened, or in obedience to the orders of 
the commander in chief, except as is herein before excepted. 

Sect. 27. Each regiment and battalion shall be fur- 
nished with the state and regimental colours; and eacli 
company of infantry, artillery, right infantry, grenadiers, 
and riflemen shall be furnished with a drum and fife, or 
bugle horn, and each company of cavalry with a trumpet i 
and each brigadier general, after the first day of August- 
next ensuing, is hereby authorized to draw orders upon 
the quarter-master-general, in favour of the commanding 
officers of regiments, battalions, and companies, for the 
above purposes, that the several regiments, battalions, 
and companies* may be supplied as aforesaid. And the 
commanding officers of regiments and battalions shall be 
responsible for the safe keeping of their colours ; and the 
commanding officers of companies shall be responsible for 
the safe keeping of the drums, fifes, bugle horns, and 
trumpets, delivered to them lor the use of their compa*- 
nies. And the adjutant-general shall furnish blank or- 
ders for the commanding officers of companies to ordeu 
their non-commissioned officers and privates to notify 
their men to attend all the inspections, trainings, and re- 
views, and meetings for the choice of officers, which shall 
be ordered ; also blank notifications or orders, to be left 
with the men by the non-commissioned officers or pri- 
vates, ordered to notify as aforesaid, and it shall not be 
necessary that seals be affixed to any orders whatever. 

Sect. 28, All parents, masters or guardians, shall fur- 
nish all minors enrolled in the militia, who shall be under 
their care respectively with the arms and equipments, re- 
quired by this act; and if any parent, master, or guardj- 

A. 



militia. nr 

dian, having any minor under his care, enrolled as afore- 
said, shall neglect to provide such minor with the arms 
and equipments, required by this act, he is hereby sub- 
jected and made liable to the same forfeitures, as such 
minor would be liable to, for a like deficiency or neglect, 
if such minor weie of age: Provided however, That such 
parents, masters, or guardians as shall produce, on or be- 
fore the first Tuesday o May, annually, certificates from 
the overseers of the poor of the town or district in which 
they reside, of their inability to provide arms and equip- 
ments as aforesaid, to the commanding officer of the com- 
pany in which the minor under their care is enrolled, 
shall be exempted from the forfeitures aforesaid. 

Sect. £9. No non-commissioned officer or private of 
any company shall be exempted from military duty on ac- 
count of bodily infirmity, unless he shall obtain from the 
surgeon or surgeon's mate of the regiment to which he 
belongs, if either of those officers are commissioned in 
such regiments : if not, from some respectable physician 
living within the bounds of the same, that he is unable to 
perform military duty on account of bodily infirmity, the 
nature of which infirmity is to be described in said certi- 
ficate, and the commanding officer of the company may, 
on the back of such certificate, discharge the non-com- 
missioned officer or private, named therein, from perform- 
ing military duty, for such a term of time as he shall judge 
reasonable* not exceeding one year, which certificate, if 
approved and countersigned by # the commanding officer of 
the regiment, or battalion, to which the disabled non-com- 
missioned officer or private belongs, shall entitle him to 
exemption from military duty for the time specified. And 
any non-commissioned officer or private, having obtained 
a certificate as aforesaid, and who may be refused a dis- 
charge, or an approval of a discharge, as aforesaid, may 
apply to the commanding officer of the brigade for a fur- 
ther examination of his case, and if, on such examination, 
the commanding officer of the brigade shall be well satis- 
lied that the bodily infirmity of such non-commissioned 
officer or private is such that he ought to be discharged, 
he is hereby authorized to discharge him from military 
duty for such time as he shall judge reasonable, not ex- 
ceeding one year, which being certified by the command- 
ing officer of the brigade on the b«ack of the certificate. 



i 



188 MILITIA. 

shall discharge the non-commissioned officer or private 
from military duty, for the time specified by tfie .com- 
manding officer of the brigade. 

Sect. SO. If any officer, non-commissioned officer 
or private, shall be killed, or die of wounds received when 
on any military duty required by this act, his widow, child, 
or children, shall receive from the general court such re- 
lief as shall be just and reasonable. And if any officer, 
non-commissioned officer, or private, shall be wounded, 
or otherwise disabled when on such duty, he shall receive 
from the general court just and reasonable relief. 

Sect. 31. The commander in chief shall appoint gen- 
eral courts martial for the trial of all officers above the 
rank ot captain ; and the major-generals, or commanding 
officers of divisions, each within his own division, shall 
appoint division courts-martial for the trial of captains 
and officers under that rank ; and whenever a court mar- 
tial is ordered, the officer ordering it shall appoint the 
president and marshal of the same ; and if it be a general 
court martial, orders shall be issued to such divisions as, 
in the opinion of the commander in chief, may most con- 
veniently furnish the members (hereof; if it be a division 
court martial, orders shall be issued to such brigades, reg- 
iments, battalions or companies, within the division, as in 
the opinion of the major-general or commanding officer 
of the division, may most covenieutly furnish the mem- 
bers thereof. The president of a general court martial 
shall in no case be under £he rank of brigadier general, 
and the president of a division court martial, shall in 
no case be under the rank of lieutenant colonel command- 
ant. And whenever the commanding officer of a division, 
brigade, regiment, or battalion, shall be ordered to furnish 
any officer or officers as member or members, supernu- 
merary, or supernumeraries of a court martial, such offi- 
cer or officersshall be regularly detailed from the roster 
of the division, brigade, regiment, or battalion by the 
commanding officers thereof, respectively, forthwith, af- 
ter having received orders therefor as aforesaid : Provid- 
ed however, That in case of inability, sickness, or absence 
of any officer, whose turn it would be to serve on a 
court martial, the detailing officer shall certify such 
circumstance to the officer who ordered the court martial, 
and detail the officer next in rotation. And the officers, 



i 



MILITIA. 129 

ordered to be detailed to serve on courts martial, shall be 
detailed in tSie following manner. Major-generals, by 
the commander in chief, or his orders, IVom the general 
roster ; brigadier generals, by the commanding officers of 
divisions, from the division rosters : lieutenant-colonels 
and majors by the commanding officers of brigades, from 
the brigade rosters ; and captains and subalterns by the 
commanding officers of regiments or battalions, from the 
regimental or battalion rosters, as the case may be. All 
courts martial shall be constituted of a president, a judge 
advocate, twelve members, (altered, see statute of 1821. 
sect. 9. Chap. 92.) and a marshal. And the officer ap- 
pointing a court martial, may, at his discretion, order a 

i number of officers, not exceeding six, to be detailed as 
supernumeraries, in addition to the twelve intended to 
serve as members, to attend the court at the organization 
thereof; and in case there should be any vacancy or 
vacancies, the judge advocate shall fill such vacancy or 
vacancies, from the supernumeraries, beginning with the 
highest in grade, and proceeding in regular rotation. All 
officers on a court martial shall take rank by seniority of 
commission, without regard, to corps. Before any court 
martial shall proceed to the trial of any officer, the judge 
advocate shall administer to the president and each of the 
members, singly, the following oath : 

You, A. B. do swear, that without partiality, favour, 
affection, prejudice, or hope of reward, you will well and 
truly try the cause now before you, between this Common- 
wealth aid the person [or persons, if more than one is ac- 
cused in the same complaintj to be tried ; and you do fur- 
ther swear, that you will not divulge the sentence of this 
! court martial, until it shall be approved or disapproved of 
and that you will not, on any account, at any time whatev- 
er, discover the vote or opinion of any member, unless re- 
quired to give evidence thereof as a witness, by a court of 

, justice, in a due course of I a? v. S) help you GOD. 

Ail the president shall administer to the judge advo- 
cate the following oath : 

You, A. B. do swear, that you will faithfully and impar- 

. tially discharge your duties as judge-advocate on this oc- 
casion, as well to the Commonwealth, as to the accused, and 
that you will not, on any account, at any time tahatever, 
divulge the vote or opinion of any member of this court 



130 MILITIA. 

martial, unless required to give evidence thereof, as a wit- 
ness, by a court of justice, in a due course of law. So- 
help you GOD. 

All persons shall be bolden to appear and give evi- 
dence, before any court martial, when thereto summoned 
by the judge-advocate, or a justice of the peace, under 
the same penalties for neglect, as are by law provided 
against witnesses who neglect to appear when summoned 
to give evidence in criminal prosecutions. All witnesses 
shall be sworn or affirmed by the judge-advocate before 
they give their evidence to the court, and the form of the 
oath or affirmation to a witness shall be as follows : 

You, A. B, do swear (or affirm, as the case may be) that 
the evidence you shall give, in the cause now in hearing % 
shall be the truth, the whole truth, ana nothing but the 
truth. So help you GOD. (or, this you do under the 
pains and penalties of perjury, in case the witness shall 
affirm.) 

When any member of a court martial is challenged, ei- 
ther on the part of the government, or the accused, the 
cause of the challenge must be stated in writing, of which, 
the court, after due deliberation, shall determine the re- 
levancy or validity, and decide accordingly. And no» 
challenge to more than one member at a time, shall be re- 
ceived by the court. On questions of challenge, the mem- 
ber objected to shall not vote, but the president may vote 
with the members, that the number of votes may remain 
twelve. And in no case shalj-a challenge be acted upon*, 
until the president, and judge-advocate, and the intended 
members are sworn. All trials by courts martial shall be 
carried on in the day time, and when the votes are called 
for on a question, the judge advocate shall begin with the 
youngest in commission, and proceed regularly to the 
oldest. And at all courts-martial, unless two thirds of 
the members agree that the accused is guilty, the judge- 
advocate shall record his acquittal ; but if two thirds, or 
more, pronounce the accused to be guilty, the court shall 
sentence him either to be reprimanded in orders, or re- 
moved from office ; and if any officer be sentenced to be 
removed from office, the court shall adjudge him to be 
disqualified for, and incapable of, holding any military of- 
fice under this Commonwealth, either for life or term of 
years, according to the aggravation of his offence : which 






MILITIA. 131 



sentence, either of reprimand in orders, or removal from 
office, if approved, shall remain in full force; but the 
judgment of disqualification may be reversed by the com- 
mander in chief, with advice of council. And all 
courts martial arc hereby authorized to preserve order 
during their session; and if any person or persons, in 
presence of a court martial, shall behave in a disorderly 
manner, or make any tumult in, or disturb a court martial, 
and shall not upou command of the marshal thereof, de- 
sist therefrom, it shall be lawful for the court martial to 
confine such disorderly person or persons for a time not 
exceeding eight hours. 
f Sect. 3% The commander in chief may call boards of 
officers, whenever in his opinion they may be necessary, 
for settling military questions, or for other purposes rela- 
tive to good order and discipline. And the commander 
in chief, or the major-generals, or commanding officers of 
divisions, each within his own division, may order courts 
! of inquiry, to examine into the nature of any transaction, 
or any accusation, or imputation against any officer, when 
made by an inferior. Provided however, That courts of 
inquiry on all officers above the rank of captain are to be 
ordered by the commander in chiei : and courts of inqui- 
ry on captains and other officers under that rank are to 
be ordered by the major-general s or commanding officers 
of divisions. And courts of inquiry shall always consist 
of three oTicers, with the j ulge-advocate of the division 
in which they are holden, or some other suitable person, 
in case of his inability to attend, or any legal impediment 
to his acting, all of whom shall be sworn. These courts 
shall have the same power to summon witnesses as courts 
martial, and to examine them on oath; but they shall not 
give their opinions on the merits of the case, unless they 
are specially required so to do. The parties shall also be 
permitted to cross-examine and interrogate the witnesses 
so as fairly to investigate the circumstances in question. 
The proceedings of a court of inquiry are to be authenti- 
cated by the signatures of the president and judge-advo- 
cate, and are. to be transmitted by the judge-advocaie, un- 
der seal, to the officer who appointed the court. The 
judge-advocate shall administer to each of the officers 
composing a court of inquiry the following o a th : 



132 MILITIA. 

Yoii) A. B. do swear that you will wetland truly exttm* 
ine and inquire into the matter now before you, without 
partiality, favour, auction, prejudice, or hope of reward* 
So help you GOD. 

After which the president shall administer to the judge- 
advocate the following oath : 

You, A. B. do swear, that you will impartially record 
the proceedings of the court, and the evidence to be given in 
the case in hearing. So help you GOD. 

The judge-advocate shall administer to the witnesses 
the same oath or affirmation, as the case may be, as is 
prescribed in the thirty -first section of this act, to be ad- 
ministered to witnesses before a court martial. And as 
courts of inquiry, when not properly regulated, maybe ' 
perverted to improper purposes, all other courts of inqui- 
ry than those above provided for are prohibited. 

Sect. 33. It shall be the duty of the judge-advocates 
to attend all general and division courts martial, and all 
courts of inquiry, within the divisions in which they- 
are respectively commissioned, v when thereto ordered. 
Provided nevertheless, That it shall be in the power of the 
commander in chief, or the major-generals, or command- 
ing officers of divisions, to appoint a judge-advocate /?ro 
tempore, to any particular court martial, or to any partic- 
ular court of inquiry, appointed to be holden, in case of 
inability of the division judge-advocate, or in case of any 
legal impediment to his acting. And it shall further be the 
duty of each judge-advocate, or person officiating as such, at 
any court martial, impartially to state the evidence both 
for and against fhe officer or officers under trial ; to take 
accurate minutes of the evidence, and of the proceedings 
of the court, all of which, with the judgment of the court 
thereupon, authenticated by his signature, and that of the 
president of the court, with the papers used at the trial, or 
copies thereof, certified by him, he shall transmit under 
seal to the officerwhose duty it is to approve or disapprove 
of such judgmentand proceedings: and all motions and 
objections to evidence, whether on the part of the 
commonwealth or the accused and the opinions of 
the judge-advocates on questions of law made at the 
trial, shall be given in writing ; and the statement 
of the complainant, and the defence of the accused, 
shall be made in writing, in order that a full view r of the 
trial may be had by the officer who ordered the court. 



MILITIA. 133 

And the origiaai records of the proceedings and judgment 
of all general and division courts martial, after having 
received the approbation or disapprobation of the officer 
who appointed them, shall, as soon as opportunity of time 
and distance will admit, after such courts martial are dis- 
solved, be deposited in the office of the secretary of state, 
where they shall be carefully kept and preserved ; and the 
officer who appointed a court martial shall be entitled to 
receive, upon his demand, a copy ot the original record 
from said office, certified by said secretary. And the 
party tried by any general or division court martial, upon 
request made at the office of the secretary of state, by 
himself, or any person authorized in his behalf, shall be 
entitled to a copy of the original record, certified as afore- 
said, of the proceedings and judgment of the court martial 
which tried him, he paying reasonably therefor. 

Sect. 34. The following shall be the rules and articles 
by which the militia of this commmi wealth shall be gov- 
erned, when not in actual service. 

Article 1. Every commissioned officer, who shall be 
guilty of any unmilitary conduct, neglect of duty, or dis- 
obedience of orders, or who shall, when on duty, appear 
or behave himself in an unofficer-like manner, or who shall 
wilfully oppress or injure any under his command, or who 
shall at any time set on foot, er join in any combination 
to resist or evade the lawful orders of any commissioned 
officer, shall be liable to be tried by a court marshal. 

Article 2. If any officer shall in due course of law be 
convicted of any infamous crime, he shall be forthwith 
put in arrest, and deprived of ail military command, un- 
til an opportunity shall be had for both houses of the Le- 
gislature to address thegovernour for his removal. 

Article 3. Every officer, to be tried by a court martial, 
shall be put in arrest, so as to be suspended from the ex- 
ercise of his office, and shall have a copy of the charges 
exhibited against him, and notice of the time and place 
appointed for his trial, which copy and notice shall be 
given ten days at least before his trial is commenced. 

Article 4. In case any officer, for the trial of whom a 
court martial is appointed, shall neglect to appearand 
make defence, or if appearing shall afterwards withdraw 
in contempt ot' the court, or being arraigned before a 
CQ'ttrt martial, shall from obstinacy or deliberate design 
12 



134 MILITIA, 

stand mute, or answer foreign to the purpose, the court 
may proceed to trial and judgment as if he had regularly 
pleaded not guilty. 

Article 5. If any officer, after having been put in ar- 
rest, shall presume to exercise any military command, 
until he is discharged from his arrest; he shall be liable 
to be tried by a court martial, and if convicted, he shall 
be removed from office. 

Article 6. No officer shall be tried by a court martial 
for any offence which shall have been committed more 
than one year, previous to the time when a complaint 
shall have been made in w r riting therefor, unless he, by 
reason of having absented himself, or some other mani- 
fest impediment, shall not have been amenable to justice 
within that period. 

Article 7. Every captain or commanding officer who 
shall either neglect or refuse to call out his company as 
often as, and at the times required by this act, or at any 
other time, when thereto required by his superior officer, 
or "who shall at any time excuse any under his command 
for unnecessary absence or deficiency, shall be liable to 
be tried by court martial. 

Article 8. No officer shall be permitted to resign while 
under arrest. And no resignation of any officer shall be 
approved, if such resignation be offered between the first 
day of May and the first day of November, unless the rea- 
sons offered by the officer wishing to resign within those 
days, be very urgent. 

Article 9. No officer shall be discharged., except by the 
commander in chief, on request of such officer, in writing, 
or by actual removal of residence, out of the bounds of 
his command, and to such distance that his major-general 
shall think it inconvenient for him to discharge the duties 
of his office, or by twelve months absence, without leave 
of the commanding officer of his division, or by the corps 
to which he belongs being disbanded by law. (See act. 
1821, sect. 16.) 

Article 10. No officer shall consider himself as exempt- 
ed from the duties of his station, except when under ar- 
rest, until he shall have been discharged by one of the me- 
thods, or causes pointed out in the preceding article, or 
shall have received a certificate of his discharge from the 
commander in chief. 



MILITIA. 135 

JSrtitfelX. No general or field officer shall approve a 
resignation, until the orderly book or books, in the pos- 
session of the resigning officer, are taken care of, for the 
use of the corps to which such officer belongs, in order 
that such book or books may be delivered to his succes- 
sor. 

Article 12. The captain or commanding officer of every 
company raised at large, shall annually in the month of 
April, make out a list or lists of the names of the men be- 
longing to his company, and deliver the same to the com- 
manding officer of the regiment or regiments, within 
whose bounds such men reside. 

Article 13. Every captain or commanding officer of a 
company shall make return of the state of his company, 
comprehending the names of all the men belonging there- 
to, with all their arms and equipments, to the command- 
ing officer of the regiment or battalion, in the month of 
May, annually. Every commanding officer of a regiment 
shall make a return of the state of his regiment to tYie 
commanding officer of the brigade in the month of June, 
annually. And every commanding officer of a brigade, 
shall make out duplicate returns of his brigade, one of 
which he shall transmit to the major-general of the divi- 
sion to which he belongs, and the other to the adjutant- 
general, is the month of July, annually. 

Article 14. Every person who shall enlist in any volun- 
teer company, (whether such person be exempted by this 
act from military duty or not) shall be holden to do duty 
therein for the term of seven years, unless such person 
be sooner discharged by order of the commanding officer 
of the brigade. 

Article 15. Each brigadier-general, or commanding offi- 
cer of brigade, within his own brigade, upon application 
of the commanding officer of any company of artillery 
cavalry, light infantry, grenadiers, or riflemen, may dis- 
charge any non-commissioned officer or private from any 
of the aforesaid companies; and such non-commissioned 
officer or private shall forthwith be enrolled in the stand- 
ing company, within the bounds of which he resides ; and 
every non-commissioned officer so discharged s shall be 
considered as reduced to the ranks. 



136 MILITIA. 

Article 16. Whenever different corps shall parade^ 
join, or do duty together, the senior officer present shall 
command, without regard to corps. 

Article 17. Any officer neglecting or refusing to make 
a draft or defaehinent, when ordered in pursuance of the 
twenty-fourth section of this act shall be arrested, and be 
liable to be tried by a court martial ; and the officer next 
in command, shall be ordered to make the draft of de- 
tachment. 

Article IS. It shall be the duty of each commanding 
officer of a company, drawing cartridges in pursuance of 
the twenty third section of this act, to cause them to be 
distributed equally among his men on the parade, and the 
cartridges drawn for those men who do not appear, shall 
as far as possible be equally distributed among the men on 
duty, and each commanding officer shall see that the car- 
tridges drawn as aforesaid are used in teaching his men 
precision in their firings. And if any non-commissioned 
officer or private shall come on to any parade with his 
musket, rifle, or pistol, loaded with ball, slugs, or shot, he 
shall for such offence forfeit not less than jive^ nor more 
than twenty dollars. 

Article 19. if any officer, contrary to the provision of 
the twenty sixth section of this act, shall parade his men 
on either of the days of election in said section pointed 
out, he shall be liable to be tried by court martial ; and 
moreover shall forfeit a sum not less than fifty ngr more than 
three hundred dollars, to be sued for and recovered in an 
action on the case, before any court of competent juris- 
diction, one moiety thereof to the use of the person who 
may prosecute for the same; the other to the use of the. 
commonwealth. 

Article 20. At all regimental and battalion parades, the 
several companies shall form in regiment or battalion ac- 
cording to the rank of the officers present commanding 
them ; and the same rule shall apply in all cases, excep- 
ting those in which artillery, cavalry, light infantry, gren- 
adiers, and riflemen, may by usage and necessity, be de- 
tached from the regiments and battalions. 

Article 21. Any non commissioned officer or private 
who shall, while under arms, or when on duty, behave* 
himself with contempt to an officer, or shall conduct in a 
disorderly manner, or excite or join in any tumult or riot ? 



MILITIA. 137 

Qf be guilty of any other unmilitary conduct, may be put 
under'guard, and so kept for a longer or shorter time, at 
the discretion of the commanding officer of the company ,' 
not exceeding however the time which the company, to 
which he belongs, is dismissed ; and shall moreover for- 
feit a sum, not less than five, nor more than twenty dol- 
lars, for each offence, according to the degree and aggra- 
vation ot the same. 

Article 22. Any non-commissioned officer or private, 
who shall, without leave of his officer, quit his guard, sec- 
tion, platoon, or company, shall for each offence forfeit not 
less than two, nor more than ten dollars. 

Article 23. Any non-commissioned officer or private, 
who shall, ingoing to, or returning from, or while on the 
place of parade, or while under arms, unnecessarily, and 
without orders, discharge his musket, rifle, or pistol, shall 
forfeit not less than five, nor more than twenty dollars, for 
each offence. 

Article 24. Any non-commissioned officer or private, 
who shall refuse or (wilfully} neglect to give any notice or 
warning, when ordered thereto by the commanding officer 
of the company to which he belongs, shall for such offence 
forfeit not less than twenty, nor more than fifty dollars. 
(stat. of 1821.) 

Article 25. If any non-commissioned officer or private 
shall, in due course of law, be convicted of any infamous 
crime, he shall be forthwith disenrolled from the militia. 

Article 26. Every non-commissioned officer, who shall 
be guilty of any disobedience of orders, neglect of duty, 
or other unmilitary conduct, may be reduced to the ranks 
by the commanding officer of the regiment to which he be- 
longs, by and with the advice of the commanding officer of 
the company to which such non-commissioned officer be- 
longs. 

Article 27. Every non-commissioned officer or private, 
(excepting those, who by the first section of this act, are 
permitted to send their arms and equipments on that day 
for inspection) who being duly ordered to appear at the 
company inspection and view of arms on the first Tues- 
day of May, and shall unnecessarily neglect to appear at 
the time and place appointed, shall forfeit three dollars. 

Article 28. Every non-commissioned officer or private, 
who being duly ordered, shall unnecessarily neglect lb 



138 MILITIA, 

appear at any company training, at the time and place ap- 
pointed, shall forfeit two dollars'. 

Jirlich £9. Every non-commissioned officer or private 
who being duly ordered, shall unnecessarily neglect to ap- 
pear, for any battalion, regimental, or brigade inspection 
or review, at the time and place appointed, shall forfeit 
four dollars. 

Article 30. Every non-commissioned officer or private, 
who shall appear at the company inspection, on the first 
Tuesday in May, or at any company training, or, for any 
battalion, regimental, or brigade inspection or review, and 
shall not be armed and equipped as the law directs, shall 
for each article, in which he is deficient, or which shall 
be of bad quality, or in bad condition, forfeit as follows ; 
if deficient of a good musket of a bore sufficient for balls 
of the eighteenth part of a pound, a sufficient bayonet and 
belt, and an iron or steel ramrod ; all which articles are 
to be considered as one, and a deficiency in either shall be 
considered a deficiency of the whole, he shall forfeit one 
dollar: if deficient of a cartridge box, containing twenty 
four cartridges suited to the bore of his musket, and each 
cartridge containing a proper quantity of good powder 
and ball, or if deficient of a serviceable knapsack, he shall 
forfeit thiity cents : if deficient of two spare flints and a 
priming wire and brush, or either of them, he shall forfeit 
twenty cents. Provided nevertheless, that none of the 
above forfeitures shall be incurred by any private, in case 
he appears with a good rifle, knapsack, shot pouch, pow- 
der horn, a quarter of a pound of powder and twenty balls 
suited to the bore of his rifle. Provided moreover, That 
cartridges, with ball shall not be brought into the field ex- 
cept at the company inspection, on the first Tuesday in 
May, and knapsacks may be dispensed with at the com- 
pany trainings. 

Article 31. If any non-commissioned officer or private 
©f any company of artillery, cavalry, light infantry, gren- 
adiers, or riflemen, shall appear on any of the occasions 
mentioned in the preceding article, without the uniform 
of the company to which he belongs, he shall forfeit two 
dollars. 

Article 32. All excuses for non-appearance of non-com- 
missioned officers and privates, must be made, within 
twenty days after any training, view of arms, or other n?i> 



MILITIA- 139 

itary duty, to the commanding officers of their respec- 
tive companies ; and on the delinquent's producing 
satisfactory evidence of his inability to appear, his com- 
manding officer may excuse him ; but all commanding of- 
ficers of companies are hereby forbidden from receiving 
any excuse, for non-appearance, under any pretence 
whatever, after the expiration of the twenty days allowed. 
And ail commanding officers of companies are prohibited 
from receiving any excuses from their men, for any de- 
ficiency or deficiencies of equipment, and commanding 
officers of companies shall inform or cause their clerks to 
je informed of all the excuses for non-appearance which 
they may allow. 

Article 33. Any non-commissioned officer or private 
being a legal voter of a company, who after being duly no- 
tified, shall unnecessarily neglect to appear at any meet- 
ing for the choice of any officer or officers of the company, 
to which he belongs, he shall for every such neglect, for- 
feit one dollar. 

Article 54. All surgeons and surgeons' mates are pro- 
hibited from taking any fee or gratuity whatever, under 
any pretence whatsoever from any man to whom they may 
give a certificate of inability to perform military duty on 
account of bodily infirmity. And if any surgeon or sur- 
geon's mate, shall in violation of this article, take any 
fee or gratuity, he shall be liable to be tried bv court mar- 
tial. J 

Article, $5, The oldest aid-de-camp to each major-gen- 
eral, the brigade-major of each brigade, and the adjutant 
of each regiment, battalion, or corps, shall constantly 
keep a correct roster of the division, brigade, regiment, 
battalion, or corps, to which they respectively belong 

Article 36. These rules and articles shall be read at the 
head of each company on the first Tuesdav of May, annu- 
ally. 

Sect. 35* All fines and forfeitures incurred by non- 
commissioned officers and privates, under the provisions 
of this act, the recovery of which, and the mode of the re- 
covery of which, are not in and by this act otherwise 
provided for, shall be prosecuted for, and recovered by the 
respective clerks of tfie companies to which such non- 
commissioned officer or officers, private or privates, in- 



Uff MILITIA. 

curring any fine or forfeiture, as aforesaid, belong, in the" 
manner following: 

The clerkof each company, after the expiration of twen- 
ty days, and within thirty days after the day of any parade 
of any company to which he belongs ; and after the expi- 
ration of 20 days, and within thirty days after the day of 
any meeting of the company to which he belongs, for the 
choice of an officer or officers, shall make and subscribe an 
information against the offending non-commissioned offi- 
cer or officers, private or privates of the company, who 
have not been excused by the commanding officer of the 
company, agreeably to the provisions of the thirty-second 
article of the thirty-fourth section of this act, or who have 
not within the twenty days aforesaid, paid to such clerk the 
fine or forfeiture, or fines or forfeitures, which he or they 
may have incurred ; which information shall, within the 
thirty days aforesaid, be left with some justice of the peace, 
of the county in which the offending non-commissioned 
officer or officers, private or privates, reside or resides* 
which information shall be in substance as follows, viz. 

To A. B, Esq. Justice of the Peace, in and for the coun- 
ty °f 

I the subscriber, clerk of the company commanded 

by do hereby give information against the 

following person (or persons, as the case moy be) who being 
duly enrolled in said company, and being duly notified to 
meet with said company on the day anno 

domini was (or ivere, as the case may be) guilty 

of the offences and did incur the forfeitures set against hi& 
wame (or their respective names, as the case may be.) 

Names. Offences. Forfeitures. Sums, 

A. B. non-com- C For unnecessarily neg / has forfeited 
missioned officer < lecting to appear on > 
C. D. private. ( said day ) has forfeited 

E. F. \ For bein S defiGie .^ f a { has forfeited 

( on said day > 

l For being on said day V 

©. R . } P"^ of c ° m ™? h ° n > has forfeited 

J to the parade with his ( 

\ loaded • j 

f For unnecessarily di3-"j 

j charging his musket, 

f rifle, or pistols, (as the 



! 



MILITIA. 



141 



I. K. 



L. M. 



| case may be) in going | 
<{ to or returning from, or J* has forfeited , 
on the place of parade I 
(as the case may be) 
without the orders of | 
an officer J 

' For leaving his guard, ) 
section, platoon, or | 
< company (as the case J- has forfeited 
may be) without the ! 
^leave of an officer J 
[And in the same manner substantially, all other offences 
are to be set forth against offending* non-commissioned 
officers and privates.] I therefore, agreeably to my oath 
of office, and in compliance with the requisitions of the 
law in this behalf request that you would issue a summons 
to each of the persons named in the above information to 
appear before you, and shew cause, if any he has, why it 
should not be adjudged thai he pay the forfeiture set against 
his name, for the offence or offences which he is therein al- 
leged to have committed. 

Dated at this C ^. B. Clerk of the 

day of in the < company commanded 

year of our Lord (^ by 

And the justices to whom such information is directed^ 
and with whom it is left, shall file the same, and as soon 
as may be, be shall issue a summons to each person in- 
formed against as aforesaid, to be served at least seven 
days before the time appointed for shewing cause ; which 
summons shall be in substance as follows : 

ss. 
(SEAL) To the sheriff of said county, or either of his 
deputies, or either of the constables of the town of 
in the county aforesaid, greeting. 

In the name of the Commonwealth of Massachusetts, 
you are hereby required to summon C. D. of in 

the county aforesaid, to appear before me E. F. one of the 
Justices of the Peace for the county aforesaid, at 
in on the day of ^ at of the 

clock in the noon, then and there to shew cause, 

if any he has, why judgment should not be rendered that 
he has forfeited [here insert the offence, and 

ihe time when and place where it was committed.] Here- 
of fail not, and make due return of this writ and your 



142 MILITIA. 

doings thereon, unto myself, on or before the said hour 
of the day of 

Dated aforesaid, the day in 

the year of our Lord 

E. F. Justice of the Peace. 

And when the person summoned as aforesaid shall ap- 
pear, either by himself or his attorney, he may plead the 
general issue, and give any special matter in evidence ; 
(see stat. of 1821. sect. 11.) And if such person shall mak© 
default, or if judgment be rendered against him, and he 
neglect for two days thereafter to satisfy the same, with 
legal costs, then the justice of the peace to and with whom 
the information shall have been directed and left as afore- 
said, shall issue execution in substance as follows : 
Commonwealth of Massachusetts, ss. 

(Seal.) To the sheriff of said county, or either of his 
deputies, or either of the constables of the town of 

in the same county Greeting. 

Whereas E. L. clerk of the company, commanded by 
in said county, on the day of 

before J. D. Esq, one of our justices of the 
peace for our county aforesaid, recovered judgment against 
J. P. of for the sum of fine or forfeit- 

ure, and costs of prosecution, as to us appears of 

record, whereof execution remains to be done. We com- 
mand you therefore that of the money of the said J. P. or 
of his goods, or chattels, within your precinct, at the val- 
ue thereof in money, you cause to be levied, paid and sat- 
isfied unto the said E. L. the aforesaid sums, being 

in the whole; and also that out of the money, 
goods and chattels of the said J. P. you levy twenty-five 
cents more for this writ, together with your own fees ; 
and for want of such money, goods or chattels of the said 
J. P. to be by him shown unto you, or found within your 
precinct, to the acceptance of the said EL. for satisfying 
the aforesaid sums, we command you to take the body of 
the said J. P. and £m commit unto our gaol in B. and we 
command the keeper thereof accordingly to receive the 
said J. P. into our said gaol, and him safely to keep until 
he pay the full sums above mentioned, with your fees, or 
that he be discharged by the said E.JL. or otherwise by 
order of law. Hereof fail not, and make return of your 



MILITIA. 14S 

doings therein unto our said justice, within twenty days 
next coming. Witness our said justice at B. the 
day of in the year of our Lord one thousand 

i eight hundred and J. D. 

(The statute of 1821. chap. 96, provides that a person 
who has been confined on execution for a military fine or 
forfeiture, shall be discharged from imprisonment.) 

Sect. 36. It shall be lawful to amend the summons 
issued against any non-commissioned officer or private, in 
iny stage of the proceedings, without paying costs. And 
10 clerk shall be liable to pay any defendant costs, in any 
:ase which the commanding officer of the company has 
ndorsed his approval on the information of such clerk. 
\nd no appeal shall be allowed from any judgment of a 
ustice of the peace, when the forfeiture by him adjudged 
loes not exceed ten dollars, exclusive of costs. 

Sect. ST. The clerk of each company shall retain to 
lis own use, one fourth part of all fines and forfeitures 
oliected or recovered by him, and the residue he shall 
faithfully pay over to the commanding officer of the com- 
pany, on demand ; and the commanding officer of the 
ompany shall give his receipt to the clerk, for all money 
*aid over to him as aforesaid. And it shall be the duty 
f every commanding officer of a company to expend such 
art of the money paid him by the clerk as may be neces- 
ary for defraying such company expenses, as a majority 
f the commissioned officers of the company shall judge 
3 be necessary. 

Sect. 38. The Adjutant-general; and the Quarter- 
taster-general, the Judge-advocates, Brigade -majors, 
♦rigade-quarter-masters, and Adjutants, shall receive 
dispensation for their services, to be allowed by the Gen- 
•:al Court; and all officers serving on military boards, 
Durts martial, and courts of enquiry, shall receive pay 
id rations, while necessarily employed thereon, at the 
ime rate as when in actual service. '. And the adjutant- 
3iieral shall make up pay rolls of such military boards, 
nirts martial, and courts of enquiry, as may be ordered 
r the commander in chief; and the brigade-majors shall 
ake up the pay rolls of such courts martial and courts 
f enquiry as may be ordered by the commanding officers 
divisions, and are holden within the brigade, to which 
|ich brigade-major belongs ; and the adjutant-general or 



144 MILITIA. 

brigade-major, as the case may be, shall lay the p&y rolls 
before the General Court for allowance, and shall receive 
payment at the treasury, of the sums allowed, and pay 
the samet)ver to the officers who performed the service. — 
And each major-general is hereby authorized to appoint 
some suitable person or persons to distribute his orders ; 
and the person or persons so appointed, shall be allowed 
by the General Court, compensation for the services he or 
they may perform. 

Sect. 59. All laws heretofore made for governing and 
regulating the militia, be, and they are hereby repealed, 
excepting an act, entitled, " An act for establishing rules 
and articles for governing the troops stationed in forts and 
garrisons within this Commonwealth, and also the militia, 
when called into actual service." Provided nevertheless, 
That ail officers, actually in commission, agreeably to the 
laws which are hereby repealed, and in grades which ei- 
ther are or are not established by this act, shall be contin^- 
ued in their command, and the clerks of companies now 
in office, shall be continued in office, and all actions de- 
pending in any court, by force of said laws, shall and may 
be prosecuted to final judgment and execution. 
[This act passed March 6, 1810.] 

The additional act of Oct. 17, 1814. provides, that there 
be one division-inspector, with the rank of Lieut. CoU 
onel, and one division-quartermaster, with the rank of 
major to be appointed by the commander in chief. 

The act of Oct. 18, 1814. only provides for the pay, ra- 
tions, &c. of the militia while in actual service. 

The acceptance of an appointment in the United 
-States army vacates an office in the militia ; and any officer 
presuming to exercise it, after such an acceptance is lia- 
ble to a fine of not exceeding 300 dollars. See ptat* 
Feb. 18, 1815. chap. 114. 

The additional act of June 20, 1816. Chap. 45. is as fol- 
lows. 

Whereas Congress on the twentieth day of April, in 
the present year, passed the following law, " entitled, an 
act concerning Field Officers of the ? militia. That from 
and after the first day of May next, instead of one lieu- 
tenant-colonel commandant' to each regiment, and one 



MILITIA. 145 

major to each battalion of the militia, as is provided by 
the act entitled an act more effectually to provide for the 
national defence, by establishing an uniform militia 
throughout the United States, approved May 8, 1792, 
there shall be one colonel, one lieutenant colonel, and one 
major, to each regiment of the militia consisting of two 
battalions ; where there shall be only one battalion, it 
shall be commanded by a major; Provided, that nothing 
contained herein shall be construed to annul any com- 
mission in the militia which may be in force, as granted by 
the authority of any state or territory, in pursuance of the 
act herein recited, and bearing date prior to the said first 
day of May next ;" Therefore, to carry the provisions 
of the foregoing law into effect within this Common- 
wealth ; 

Sect. 1. The Field officers of each regiment shall 
hereafter consist of one colonel, one lieutenant colonel, 
and one major,' instead of one lieutenant colonel com- 
mandant to each regiment, and one major to each battal- 
ion. 

Sect. 2. All elections to the office of lieutenant colo- 
nel commandant made on or since the first day of May in 
the present year, be and they are hereby declared void ; 
and that the colonel, lieutenant-colonel, and major of each 
regiment shall be chosen by the written votes of the cap- 
tains and -subalterns of their respective regiments, and be 
commissioned by the commander in chief, in the grades to 
which they may be legally elected : Provided Neverlhe- 
less, that each lieutenant-colonel commandant of a regi- 
ment, who now is duly in commission, bears date prior 
to the said first day of May, be, and he hereby is declar- 
ed to be entitled to the rank of colonel ; and each major 
now senior in commission in every regiment, and who 
was in commission as major prior to said first day of May, 
be, and he hereby is declared to be entitled to the rank 
of lieutenant-colonel ; and his Excellency the commander 
in chief is hereby authorized and requested to grant and 
issue to such lieutenant-colonels commandant, and to 
such majors, brevet commissions, conferring on them the 
rank to which they are herein declared to be entitled < 
which brevet commissions shall avail the officers entitle 
to, and receiving them, in all respects regarding rank, av. 
13 



146 MILITIA. 

if their first commissions contained the grade expressed 
in their brevet commissions. 

The addition act passed Feb. 21, 1822, provides, that 
the following persons, notwithstanding their being above 
the age of eighteen, and under the age of forty five years 
be, and they are hereby conditionally exempted from mil- 
itary duty, as follows, viz. licensed physicians and sur- 
geons, all officers who have held, or may hereafter hold a 
commission or commissions, in the army or navy of the 
United States or in the militia of this, or any of the Unit- 
ed States, for a term less than five years ; and all persons 
who are, or may hereafter be between the ages of thirty 
five and forty five years, be, and they are hereby exempt- 
ed from all military duty, except that of keeping them- 
selves constantly furnished with the arms and equipments 
required by the laws of the United States, and the duty 
of carrying or sending them, on the first Tuesday of May, 
annually, to the place of inspection or view of arms of the 
company, within whose bounds they may reside, and in 
which they are enrolled, and the duty of attending elec- 
tion of company officers, and that of paying the sum of 
two dollars into the town treasury, as heretofore provid- 
ed. 

Sect. 2. The uniform of the militia (excepting that 
portion thereof whose uniforms are regulated by the laws 
of the United States,) shall be such as the commander in 
chief shall prescribe, and be subject to such restrictions, 
limitations, and alterations, as he may order. 

Sect. 3. It shall be the duty of each Brigadier-gener- 
al, within whose brigade a band of music is organized and 
established, to order at least one section of said band to 
attend each regimental review, within his brigade. 

Sect. 4. Every commanding officer of a company, 
shall have the same power and authority to train and dis- 
cipline his company on the first Tuesday in May, in each 
year, as he has on other days, when his company is pa- 
raded for exercise. 

Sect. 5. Hereafter, when any non-commissioned of- 
ficer or officers, private or privates, shall be ordered to 
notify and warn any portion of the company to which he 
belongs, to parade for any military duty, it shall be the 
duty of such non -commissioned officer or officers, private 
or privates, so ordered as aforesaid, to give notice of the 



MILITIA. 147 

dine and place of parade of said company, to each and ev- 
ery man he or they shall have been ordered to notify, ei- 
ther by giving to each man, personal notice, or by leaving 
at his usual place of abode, a written or printed order. 

Sect. 6. Merely repealing the 22d section of the act 
requiring towns to provide and deposit gunpowder in the 
town. 

Sect. 7. That whenever in the opinion of the com- 
mander in chief, the exigencies of the Commonwealth 
shall require, it shall be his duty to issue his proclama- 
tion, calling upon the several towns and districts to pro- 
vide and deposit in some convenient place within said 
towns and districts, sixty four pounds of good gun pow- 
der, for every sixty four soldiers enrolled within said 
town or district, and the same proportion for a greater 
or less number of soldiers, enrolled as aforesaid, until the 
commander in chief shall, by proclamation, declare it un- 
necessary that the said towns and districts should be any 
longer provided with powder as aforesaid; and every 
town or district which shall neglect, upon the proclama- 
tion of the governor as aforesaid, to provide and keep it- 
self provided with gunpowder as aforesaid, shall forfeit 
and pay to the use of the Commonwealth, a sum not ex- 
ceeding 300 dollars nor less than 20 dollars, according 
to the nature and degree of the neglect, to be recovered 
by indictment or information, in any court of competent 
jurisdiction; and it shall be the duty of each brigade 
quarter master, in his own brigade, to cause sueh delin- 
quent town or district to be prosecuted or presented. 

Sect. 8. It shall be the duty of the selectmen, in every 
town and district in this Commonwealth, annually, in the 
month of August, to make out a schedule of all the arti- 
cles of military stores with which their respective towns 
and districts are supplied, and deliver the same to the 
colonel or commanding officer of the regiment within 
which such town or district is situated ; and it shall be 
the duty of such colonel or commanding officer, with his 
regimental return, to state the same, that it maybe trans- 
mitted to the office of the adjutant general. 

Sect. 9. All general courts martial shall be constitut- 
ed of a president, a judge advocate, six members, and a 
marshal; and the officer appointing a court martial 
may, at his discretion, order a number of officers, not 



148 MILITIA. 

exceeding three, to be detailed, as supernumeraries, in 
addition to the six intended to serve as members, to 
attend the court at the organization thereof ; and each 
general or division court martial, hereafter ordered as 
aforesaid, shall have power to inflict such fine on any 
officer, by said court convicted, as under the circum- 
stances of the case, to said court shall seem reasona- 
ble, not exceeding the sum of 200 dollars, to be sued 
for and recovered by the judge advocate who served on 
said court, before any court proper to try the same, 
and for the use of this Commonwealth. 

Sect. 10. Any non-commissioned officer or private, 
who shall refuse, or wilfully neglect to give any notice or 
warning, when ordered thereto by the commanding officer 
of the company to which he belongs, shall, for such of- 
fence, forfeit not less than twenty, nor more than fifty dol- 
lars. 

Sect. 11. All excuses for non appearance of any non- 
commissioned officer or private, shall be made within 20 
days after any training, view of arms, or other military du- 
ty, to the commanding officer of their respective compa- 
nies ; and on the delinquent's producing satisfactory evi- 
dence of his inability to appear, his commanding officer 
may excuse him ; but no excuse shall avail such non-com- 
missioned officer or private, on any prosecution for the 
recovery of a fine or forfeiture, unless made to the com- 
manding officer aforesaid, before the expiration of twenty 
days aforesaid, or unless said delinquent shall satisfy the 
Justice before whom the case may be tried, that it was- 
r*ot in his power to make said excuse within twenty days 
as aforesaid. 

Sect. 12. Repealing so much of the 22d sect, of the- 
former act, as relates to the duty of the brigade quarter 
masters, in the month of September, to view and inspect 
the military stores in each town and district within their 
brigades. 

Sect. IS. The staff officers herein after named, shall 
be entitled to receive, annually, as full compensation for 
the services which appertain to their respective offices, 
the following sums, to wit : the senior aid-de-camp to each 
major general, the sum of twenty five dollars; the brigade 
major and inspector, the sum of 40 dollars ; each adjutant 
of a regiment, the sum of 25 dollars ; and each adjutant 






MILITIA. 149 

«f a battalion of artillery, cavalry, or infantry, the sum of 
15 dollars. 

Sect. 14, Whenever the adjutant general shall be a 
complainant against any officer, for neglect of duty in 
making his returns, he shall not be required to be present 
to prosecute his complaint before the court martial which 
shall have cognizance of the same ; and in all cases in 
which returns are required, by law or general order, to be 
made to the adjutant general, his certificate, that the same 
was, or was not made, shall be sufficient evidence of the 
fact. 

Sect. 15. Repealing the Act of 24th Feb. 1820, regu- 
lating the time of inspecting military stores, parading the 
troops, and fixing the compensation of certain staff* officers. 

Sect. 16. All division, brigade and regimental staff 
officers, who are now in commission, not having been ap- 
pointed by the present commanding officers of divisions, 
brigades and regiments, shall be discharged by the gover- 
nor, upon the application of their respective commanding 
officers aforesaid ; which discharges shall operate as an 
absolute exemption from military duty. 

Sect. 17. Repealing all laws inconsistent with the 
provisions of this act. 

An Act in further addition to an act, entitled " An Act 
for regulating, governing and training the Militia of 
this Commonwealth.' ' 

THE commanders of the several companies of the 
militia of this Commonwealth be authorised, and it is 
hereby made their duty to parade their respective compa- 
nies by their own order, on one day in the year, for com- 
pany discipline and no oftener, in addition to the compa- 
ny inspection in May, and brigade, regimental or battal- 
ion reviews as now established by law. — Provided, That 
nothing herein contained, shall be construed so as to pre- 
vent any company from meeting for the purpose of drill, 
funeral service, escort, or other voluntary service. 

Sect. 2. It shall be the duty of each colonel or com- 
manding officer of each regiment and separate battalion, 
to appoint one day, in each year, for drilling the officers, 
non-com missioned officers and musicians belonging to ihe 
same. And such colonel or commanding officer shall no- 
13* 



150 militia; 

tify the field and commissioned and non-commissioned 
staff officers of the same, and the captains and command- 
ing officers of each company under his command ; and 
such commanding officer shall notify their respective sub- 
alterns and non-commissioned officers, and musicians, of 
the time and place appointed for the meeting aforesaid, at 
least ten days before the time appointed for such meeting ; 
and it shall be the duty of the colonel or commanding of- 
ficer of such regiment or separate battalion, either by him- 
self or such other officer or officers, belonging to the same* 
as he shall appoint, to instruct the officers, non-commis- 
sioned officers, and musicians aforesaid, in the practice of 
their several duties, according to the system prescribed 
by the laws of the United States. And any non -commis- 
sioned officer or musician who shall neglect or refuse to 
attend the officers drill as aforesaid, and who shall not 
furnish the colonel or commanding officer aforesaid with a 
sufficient excuse therefor, or who shall be guilty of diso- 
bedience of orders, while on duty, shall forfeit and pay 
two dollars to be sued for and recovered by the adjutant 
of the regiment, in the same manner as is provided in and 
by the thirty fifth section of the act to which this is an ad- 
dition, for the recovery of fines and forfeitures by clerks 
of companies, to be applied by him towards defraying the 
expenses of the meeting aforesaid. 

Sect. 3. No person shall be exempted from military 
duty by reason of his having been appointed a justice of 
the peace, and no person conditionally exempted from 
military duty, shall hereafter, be liable to the payment of 
two dollars into the town treasury as required by the 
laws now in force, after he shall have arrived at the age of 
forty years. * 

Sect. 4. The Governor and Council be, and they are 
hereby authorised, in organising and arranging the militia 
whenever they shall think it expedient, to annex the sev- 
eral companies of cavalry and artillery to the regiments 
of infantry. 

Sect. 5. The Commander in Chief and the major Gen- 
erals and commanding officers of divisions be, and they 
are hereby authorised, to order any number of officers, 
being not less than three nor more than four, to be detail- 
ed as members of any general or division courts-martial, 
and such number of members detailed as aforesaid, being 



MILITIA. 151 

not less than three, who shall be present at the time and 
place fixed for organizing said Court, shall, together with 
the President, Judge Advocate, and Marshal, as hereto- 
fore provided, constitute said court; and if the person ap- 
pointed as President thereof shall not be present, the of- 
ficer highest in rank present, shall be President of said 
court ; and in case of the absence either of the Judge Ad-- 
vocate or officer who is appointed Marshal of said court, 
then the President shall appoint some suitable person or 
persons to be Judge Advocate or Marshal thereof. And 
if by reason of absence, challenge, or other cause, the num- 
ber of members of any court martial qualified to act, shall 
be less than three, it shall be the duty of the president to 
notify the Major General or commanding officer of the di- 
vision in which the court is ordered to sit of the fact, and 
the said Major General or commanding officer of the di- 
vision, shall forthwith detail, from his division one or 
more officers of the rank ot those whose places are to be 
supplied, and the officers so detailed, shall be returned as 
members of said court ; but no person shall be so detail- 
ed of a higher rank than the officer acting as President 
thereof: Provided, however, that no officers above the 
rank of colonel shall hereafter be appointed President of 
a Division Court Martial; and provided, also, that there 
shall be but one General and one Division Court Martial 
in any division during any one year, and that the same 
shall be appointed to be hoiden between the first day of 
December and the last day of March. And all the offi- 
cers composing Courts Martial, Courts of Inquiry, and 
Military Boards and Martials, shall be entitled to re- 
ceive the sum of two dollars for each and every day while 
serving on Courts Martial, Courts of Inquiry, and Mili- 
tary Boards, and five cents for each and every mile they 
shall necessarily travel, in going to and returning home 
from the place of said Courts : Provided, however, that 
Judge Advocates while employed on Courts Martial, Courts 
of Inquiry and Military Boards shall be entitled to receive 
four dollars per day while so employed, and the same al- 
lowance for travel as other officers of said Courts are en- 
titled to receive, which allowance shall be in full compen- 
sation for the time necessarily employed in preparing pa- 
pers made requisite previous to and making the necessary 
copies after any trial, inquiry or investigation : Provided, 



im militia. 

further, that Presidents of Courts Martial, Courts of In- 
quiry, and Military Boards, shall be entitled to receive 
three dollars per day, while so employed on said Courts. 

Sect. 6. All pay rolls of Courts Martial, and all milita- 
ry accounts whatsoever, excepting such as relate to the 
Quarter Master General's department, shall be transmit- 
ted to the Adjutant General to be examined and certified 
by him, before the same shall be presented to the commit- 
tee on accounts for allowance ; and all sums which shall 
be allowed, on the same, shall be paid to the person or 
persons, to whom the same shall be due, or to their order, 
at the Treasury of this Commonwealth. 

Sect. 7. It shall be theduty of each town and city Trea- 
surer to keep a separate and distinct account of the ex- 
empts, and the Selectmen of the several towns, and the 
Mayor and Aldermen of the city of Boston are hereby re- 
quired to appropriate the money which has been or here- 
after shall be paid by the conditional exempts, for the 
purchase of such articles of uniform and military equip- 
ments as now are or shall be required by the Commander 
in Chief, to be provided in conformity with an act passed 
the twenty first day of February, in the year of our Lord 
one thousand eight hundred and twenty two, entitled 
" An act in further addition to an Act, entitled an Act 
for regulating, governing and training the Militia of this 
Commonwealth ;" to the use of the several companies in 
such town or city in proportion to the number of active 
privates who shall be borne on their respective rolls, on 
the first Tuesday of May in each year ; and any board of 
Selectmen, or Mayor and aldermen, who shall neglect or 
refuse to comply with the provisions of this act, shall for- 
feit and pay the sum of fifty dollars for every such neg- 
lect, and refusal, to be recovered in an action on the case 
in any Court of competent jurisdiction ; which sum shall 
be appropriated to the use- of the company to which the 
person prosecuting may belong, to be applied to the pur- 
chase of such articles as the exempt fund is applied to. 

Sect. 8. Any act or part of any act, which is inconsis- 
tent with, or repugnant to, the provisions of this act, be, 
and the same is hereby repealed. 

[Approved by the Governor, Feb. 11, 1823.] 



MODERATOR. 

THE law of 1811, chap. 9. sect. 2. provides, That 
the election of moderator of all town meetings for the 
choice of town officers (excepting in Boston) of town 
clerks, selectmen, and assessors, shall be by written bal- 
lots, and during the election of moderator for any town 
meeting, the town clerk shall preside, who shall have all 
the powers and do all the duties which the moderator of 
a town-meeting now by law has and does perform. 

Sect. 3. If the moderator or selectmen presiding at 
any town-meeting, without the consent of the voters, shall 
read or examine, or permit any other person to read or 
examine the name or names written on his ballot or tick- 
et, with a view to ascertain the name of the candidate vo- 
ted for, before the pole is closed, the moderator, selectman 
or selectmen, so offending, shall each forfeit to the use of 
the town twenty dollars, to be recovered by indictment. 

The moderator may administer the oath to the town 
clerk in open town meeting if no Justice of the Peace is 
present. 

When a vote declared by the moderator, shall, immedi- 
ately after such declaration, be scrupled or questioned by 
seven or more of the voters present, the moderator shall 
make the vote certain, by polling the voters, or such other 
way, as the meeting shall desire: and no person shall 
speak in the meeting before leave first had and obtained from 
the moderator, nor when any other person is orderly 
speaking ; and all persons shall be silent at the desire of 
the moderator, on pain of forfeiting five shillings for the 
breach of every such order, to the use of the town : and if 
any person shall, alter notice from the moderator, persist 
in his disorderly behaviour, then it shall be lawful for the 
moderator to direct such disorderly person to withdraw 
from the meeting ; and such disorderly person, upon his 
refusal or neglect to withdraw, shall pay a fine of twenty 
shillings, to the use of the same town ; and may also, by 
direction of the moderator, be carried out of the meeting 
by some constable of said town, and put into the stocks, cage, 
or some other place of confinement, and there be detained 
for the space of three hours, unless the town meeting shall 
sooner adjourn or dissolve ; and all suits and informations 



154 MODERATOR. 

for fines incurred by a breach of this act, not exceeding 
forty shillings, may be heard and determined before any 
justice of the peace in the same county, not an inhabitant 
of the same town unto whom the penalty or any part 
* thereof is given, who upon conviction, may enforce the 
payment thereof by a similar process, as is herein pre- 
scribed in the court of general sessions of the peace for 
persons who refuse to serve in the office of constable : 
provided always, that town meetings for the choice of gov- 
ernor, lieutenant governor, and senators, shall be regu- 
lated as the constitution directs, and for the choice of re- 
presentatives, as is otherwise by law prescribed ; any 
thing in this act contained to the contrary notwithstand- 
ing. (Stat, of 1786. sect, %) 



OVERSEERS OF THE POOR. 



An Act providing for the relief and support, employment 
and removal of the poor, and for repealing all former 
Laws made for those purposes* 

1. EVERY town and district within this Common- 
wealth shall beholden to relieve and support all poor and 
indigent persons, lawfully settled therein, whenever they 
shall stand in need thereof ; and may vote and raise mon- 
ies therefor, and for their employment, in the same way 
that monies for other town or district charges are voted 
and raised : And may, also, at their annual meeting, 
choose any number, not exceeding twelve, of suitable per- 
sons, dwelling therein, to be Overseers of their Poor, and 
where such are not specially chosen, the Selectmen shall 
be Overseers of the Poor, ex officio. 

2. Said Overseers shall have the care and oversight of 
all such poor and indigent persons, so settled in their re- 
spective towns and districts ; and shall see that they are 
suitably relieved, supported and employed, either in the 
work house or other tenements belonging to such towns 
or districts, or in such other way and manner, as they, at 
any legal meeting, shall direct, c- therwise at the discre- 
tion of said Overseers, at the cost of such town or dis- 
trict. 

3. The kindred of any such poor person, if any he shall 
have, in the line ov degree ot father or grandfather, moth- 
er or grand mother, children or grandchildren, by consan- 
guinity, living within this Commonwealth, of sufficient 
ability, shall be hoklen to support such pauper, in propor- 
tion to such ability. \ 

And the Court of common Pleas in the county where 
any of such kindred to be charged shall reside, upon com- 
plaint made by any town or district, orkindred who shall 
have been at any expense for the relief and support 
of any such pauper, (which complaint being filed in the 
Clerk's office of such Court, and summons therein issu- 
ed, directed to and served by any proper Officer to serve 



156 OVERSEERS OF THE POOR. 

original summons, and in the manner they are by law to 
be served, fourteen days before the sitting of such Court, 
shall be sufficient to hold the persons summoned to an- 
swer thereto) may on due hearing, either upon the ap- 
pearance or default of the kindred so summoned, assess 
and [apportion such sum as they shall judge reasonable 
therefor, upon such of said kindred as they shall judge 
of sufficient ability, and according thereto, to the time 
of such assessment, with costs, and may enforce payment 
thereof by warrant of distress : Provided such assessment 
shall not extend to any expense for any relief afforded 
more than six months previous to the filing of such com- 
plaint. 

And may further assess and apportion upon them, such 
weekly sum for the future, as they shall judge sufficient 
for the support of such pauper, to be paid quarterly till 
further order of Court, and upon application from time to 
time of the town, district or kindred, to whom the same 
shall have been ordered to be paid, the Clerk of said 
Court shall issue, and may renew a warrant of distress 
for the arrears of any preceding quarter. 

And the Court may further order, with whom of such 
kindred, that may desire it, such pauper shall live and be 
relieved, and for such time with one, and such with anoth- 
er, as they shall judge proper, having regard to the com- 
fort of the pauper, as well as the convenience of the kin- 
dred. And upon suggestion, other kindred of ability not 
named in the complaint, may be notified, and the process 
may be continued, and upon due notice, whether they ap- 
pear or are defaulted, the Court may proceed against them 
in the same manner as if they had been named in the com- 
plaint. But if such complaint be not entered, or be dis- 
continued or withdrawn, or be adjudged groundless, the 
respondents shall recover costs. 

And such Court may take further order from time to 
time in the premises, upon application of any party inter- 
ested, and may alter such assessment and apportionment 
as the circumstances may vary. 

4. Said Overseers be, and they hereby are empower- 
ed, from time to time, to bind out, by deed indented or 
poll, as apprentices, to be instructed and employed in any 
lawful art, trade or mystery, or as servants to be employed 
in any lawful work or labour^ any male or female children, 



OVERSEERS OF THE POOR. 15T 

whose parents are lawfully settled in, and become actually 
chargeable to their town or district ; also, whose parents, 
so settled, shall be thought by said Overseers to be unable 
to maintain them, (whether they receive alms, or are so 
chargeable or not) Provided, they be not assessed to anj 
town or district charges ; and also all such who, or whose 
parents residing in their town or district, are supported 
there at the charge of the Commonwealth, or whose pa- 
rents are unabje to support them as aforesaid, to any citi- 
zen of this Commonwealth — that is to say, male children 
till they come to the age of twenty one years, and females 
till they come to the age of eighteen, or are married ; 
which binding shall be valid and effectual in law, as if 
such children had been of the full age of twenty one years, 
and had by a like deed bound themselves, or their parents 
had been consenting thereto : Provision to be made in 
such deed for the instruction of male children, so bound 
out, to read, write and cypher, and of females to read and 
write, and for such other instruction, benefit and allow- 
ance, either within or at the end of the term, as to the 
Overseers may seem fit and reasonable. 

5. It shall be the duty of said Overseers, to inquire in- 
to the usage of children already legally bound out, or that 
may be bound out by force of this act, and to defend them 
from injuries. And upon complaint by such Overseers 
made to the Court of Common Pleas, in the county where 
their town or district is, or where the child may be bound, 
against the master of any such child, for abuse, ill treat- 
ment or neglect; said Court (having duly notified the 
party complained of) may proceed to hear the complaint, 
and if the same be supported, and the cause shall be 
judged sufficient, may liberate and discharge such child 
from his or her master, with costs, for which execution 
may be awarded, otherwise the complaint shall be dismiss- 
ed, but without costs, unless it appear groundless and 
without probable cause, in which case costs shall be al- 
lowed the respondent. 

Any apprentice or servant so discharged, or whose mas- 
ter shall decease, may be bound out anew, for the remain- 
der of the term, in manner aforesaid. And such Over- 
seers'may also have remedy by action on such deed, against 
any person 'liable thereby, for recovery of damages iW 
breaches of any of the covenants therein contained, which 
14 



158 OVERSEERS OF THE POOR. 

when recovered, shall be placed in the town or district 
treasury, deducting reasonable charges, aud disposed of 
by the Overseers at their discretion ; for the benefit and 
relief of such apprentice or servant within the term ; the 
remainder, if any, to be paid him at the expiration there- 
of; and the court before which such cause shall be tried 
originally, and on the appeal, may also, upon the plain- 
tiff's request, if they see cause, liberate and discharge 
such apprentice or servant from his master, if it hath not 
been already done in the method before directed by this 
act. And such apprentice or servant shall have like 
remedy when their term is expired, for damages for the 
causes aforesaid, other than such (if any) for which dama- 
ges may have been recovered as aforesaid, by action upon 
such deed to be delivered them for that purpose, and on 
which no endorsement shall be necessary : Provided, such 
action be commenced within two years after the expira- 
tion of the term ; and where such deed shall have before 
been put in suit, an attested copy from the proper officer 
may be used and have the same force as the original. And 
no action brought by Overseers shall abate by the death 
of some of them, or by their being succeeded in office, 
pending the action, but it shall proceed in the names of 
the original plaintiffs or the survivors of them. 

And in case of elopements, any such apprentice or ser- 
vant may be apprehended by any Justice of the Peace, of 
the county where he is bound or where he may be found, 
upon complaint of the master, or any other on his behalf, 
and returned to his master by any person to whom the 
warrant may be directed, or may be first sent to the house 
of correction at the Justice's direction. And every per- 
son enticing any such apprentice or servant to elope from 
his master, or harbouring him, knowing him to have elop- 
ed, shall be liable to the master's action for all damages 
sustained thereby. And the Court of Common Pleas, ei- 
ther in the county where the Overseers binding, or the 
master of any apprentice or servant bound, live, may also 
upon complaint of such master, for gross misbehaviour, 
discharge such apprentice or servant from his appren- 
ticeship or service, after due notice to such Overseers, 
and hearing thereupon. 

6. Said Overseers 'shall have power to set to work, or 
bind out to service by deed as aforesaid, for a term not 



OVERSEERS OF THE POOR. 159 

exceeding one whole year at a time, all such persons, re- 
iding and lawfully settled in their respective towns or 
districts, or who have no such settlement within this 
Commonwealth, married or unmarried, upwards of twen- 
ty one years of age, as are able of body, but have no Vis- 
ible means of support, who live idly, and use and exercise 
no ordinary or daily lawful trade or business to get their 
living by ; and also" all persons who are liable by any 
law to be sent to the house of correction, upon such terms 
and condition as they shall think proper. 

Provided always. That any person thinking him or 
herself aggrieved by the doings of said Overseers, in the 
premises, may apply by complaint to the Court of Com- 
mon Pieas, in the county where they are bound or 
where the Overseers who bound them dwell, for relief; 
which Court, after due notice to the Overseers, and to 
their masters, shall have power, after due hearing and ex- 
amination, if they find sufficient cause, to liberate and dis- 
charge the party complaining from his or her master, and 
to release him or her from the care of the Overseers, oth- 
erwise to dismiss the complaint, and to give costs to eith- 
er party or not, as the Court may think reasonable. 

7. The poor persons standing in need of relief living 
without the bounds of any incorporated town or district, 
shall be under the care of the Overseers of the poor, ap- 
pointed in the adjoining town or district, wherein the in- 
habitants of such unincorporated place are usually taxed ; 
And the same Overseers shall have the like authority to 
bind out the children of such poor persons, as they are ves- 
ted with, respecting the children of persons in like cir- 
cumstances, inhabitants of the town or district in which 
they are appointed. And such Overseers may also set to 
work, or bind out as aforesaid, for a space not exceeding 
one whole year at a time, all such persons above the age 
of twenty one years, married or unmarried, residing in 
their county, but without the bounds of any town or dis- 
trict, as are able of body, but have no visible means of sup- 
port, or who live idly, using no ordinary, daily lawful 
trade or business to get their living by, or who are liable 
by any law, to be sent to the house of correction, and shall 
receive and apply their earnings, (deducting reasonable 
charges) to the support of them or their families, if any 
they have, at their discretion, saving to such persons the 



I GO OVERSEERS OF THE POOR. 

like remedy for relief, if they think themselves aggrieved, 
as is by this act provided for persons set to work, or bound 
out for like causes by Overseers of towns. 
And for the prevention of poverty as well as lewdness, 

8. Any person who shall be suspected of keeping a 
house of ill fame, resorted to for the purpose of prostitu- 
tion or lewdness, may be apprehended by warrant from 
any Justice of the Peace in the county, upon complaint of 
the Overseers of the town or district wherein such house 
shall be ; and upon conviction of such offence before such 
Justice, cr before the Court of General Sessions of the 
Peace, or presentment of the Grand Jury, may be order- 
ed to the house of correction, for a term not exceeding one 
month ; and after such conviction, shall not be allowed to 
keep lodgers or boarders, in any town or district, without 
the lieense of the Overseers of the poor thereof. 

9. It shall also be the duty of said Overseers, in their 
respective towns or districts, to provide for the immedi- 
ate comfort and relief of all persons residing, or found 
therein, not belonging thereto, but having lawful settle- 
ments' in other towns or districts, when they fall into dis- 
tress, and stand in need of immediate relief, and until 
iliey shall be removed to the places of their lawful set- 
tlements* the expenses whereof, incurred within three 
months next before notice given to the town or district, to 
be charged, as also of their removal, or of their burial, 
iH case of their decease, may be sued for and recovered, 
either in a civil action, by the town or district incurring 
the same, against the town or district wherein such per- 
sons had such settlements, or in the method by complaint, 
hereafter prescribed in and by this act; provided, such 
action or complaint for damages be commenced or pre- 
ferred within two years after the cause of action arose, 
but not otherwise. "And in such civil action, the settle- 
merit of the pauper shall not be contested by the defend- 
ants, if it hath been then adjudged to be in their town 
or district upon such process as is herein after prescrib- 
ed ; otherwise it may be ; And a recovery in such action 
shall bar the town or district, against which the same shall 
be had, from disputing the settlement of such pauper, in 
such town or district, within the town or district so re- 
covering, in any future action or process, brought and pro- 
secuted for foz support or removal of such pauper* 



OVERSEERS OF THE POOR. 161 

iO. All persons actually chargeable, or who, through 
age or infirmity, idleness or dissoluteness, are likely to 
become chargeable to the places wherein they are found, 
but in which they have no lawful settlements, may be re- 
moved to the places of their lawful settlements, if they 
have any within the Commonwealth : And in order to ef- 
fect such removal, (and also to recover the expenses in- 
curred for the relief of such persons, if said Overseers 
choose that mode in preference to a civil action) said 
Overseers may apply by complaint, to any Justice of the 
Peace in their county, not an inhabitant of their town or 
district, which complaint may be in substance, as follows : 

TO a justice of the Peace, in and for the coun- 

ty of The town of in the said county, by 

the subscribers, Overseers of their poor, complain and 
shew, that now resident in said town, is poor, 

and become chargeable to said town ; and that his lawful 
settlement is in in the county of Where- 

fore your complainants pray that after a due course of 
proceedings had, the lawful settlement of said 
may be adjudged to be in said town of , and that 

he may be removed thither by warrant accordingly. 
Your complainants further pray judgment for damages, 
for expenses incurred on account of said an ac- 

count whereof is annexed, and for such as may accrue 
until the time of judgment, and for costs. Dated at said 
the day of A. D. 17 

A. B. &c. Overseers. 

Upon which complaint, such Justice shall make out and 
annex thereto a summons directed to the Sheriff or his 
Deputy, of the county wherein the town to be summoned 
is in substance as follows : 
, ss. 

(SEAL ) To the Sheriff of the courtly of or his 

deputy ; 

Greeting. 

IN the name of the Commonwealth of Massachusetts, 
you are hereby required to summons the town of 
in the said county of to appear if they see fit, be- 

fore me the subscriber, a Justice of the Peace, in and for 
said county of on the . day of at 

of the clock in the noon, to shew cause, if 

any they have, why the prayer of the above written com- 
14* 



162 OVERSEERS OF THE POOR* 

plaint should not be granted, by leaving an attested copy 
thereof, and of this summons, with the Overseers of the 
said town of or some one of them, thirty days be- 

fore said day of and make return hereof, 

and of your doings herein, unto me the said Justice, on 
or before the said day of Hereof fail not 

Given under my hand and seal the day of 

in the year of our Lord T. F. 

And such officer shall serve and return the same, his be- 
ing an inhabitant of the town to be summoned notwithstand- 
ing, for the same fees, as for other writs of summons. 
And such Justice shall summon the party to be removed, 
and other witnesses, and may, if he see cause, compel 
the appearance of the former by warrant, to be examined ; 
and shall hear his objections to such removal, and may 
for good cause continue the process once, not exceeding 
three months ; and after due examination and hearing, 
whether the town summoned appears or not, shall pro- 
ceed to give judgment for or against the complainants, 
and make a record thereof in substance as follows ; 
- — — ss. 

At a Court held before me Esq. a Justice of 

the Peace, In and for the county of at in said- 

county, on the day of in the year of our Lord one 
thousand seven hundred and the town of 

in the county of complainants against the town of 

in the county of shewing that now 

resident in said town of is poor and become 

chargeable to that town, (or is likely to become chargea- 
ble, as the fact may be) and that said town of is 
t&B? place of his lawful settlement, and praying it may be 
so adjudged, and that he may be removed thither, (and 
for damages for expenses incut red on account ot such 
pauper, or that maybe incurred, and for costs:) l.he 
parties appear (or the complainants appear, but the said 
town of although solemnly called, doth not ap- 
pear, but makes default, as the case may be) and after 
due examination and hearing, and on due consideration 
of the premises had, I do adjudge the same to be true, 
and l do also adjudge that the lawful settlement of the 
said is in the said town of and that he be 
removed thither, and that the complainants recover costs, 
(or that the complainants recover the sum of dam- 



OVERSEERS OF THE POOR. 163 

ages, for expenses incurred to this time for the support 
of said as the case may require) (or if in favour of 

the town complained of, say, I do adjudge that the said 
is not likely to become chargeable to said towa 
of or that the lawful settlement of said 

is not in said town of and that said town of 

recover costs.) Recorded by me, 

Justice of the Peace. 
No costs, however, to be awarded for such town if de- 
faulted ; but if the complaint be not entered or be dis- 
continued, or not prosecuted, the town complained of 
appearing, and praying therefor, shall recover costs. And 
v.pon judgment of removal, such Justice may issue his 
warrant of removal, directed to, and to be executed by 
any Constable of the town from whence the person is to 
bc'removed, or to any particular person by name in the 
following form : 

S 55. 

SEAL.) To any Constable of the town of in the 

county of or to 

Greeting^ 
WHEREAS at a Court held on before me 

Esq. a Justice of the Peace, in and for the county 
of on the day of it was adjudged by 

me the said Justice, that now resident in said town 

of is chargeable (or likely to become chargeable 

as the case may be) thereto ; that his lawful settlement 
is in the town of in the county of and that 

he be removed thither. I do therefore, in the name of 
the Commonwealth of Mas sa chits efts, hereby authorise 
and require you forthwith to take, remove and convey, 
by land or water, as may be most convenient, the said 
to the said town of , and him deliver to the 

Overseers of the poor thereof, or some one of them, who 
are hereby required to receive and provide for him, as an 
inhabitant of that town. And of this warrant and of 
your doings herein, you are to make return to me, as soon 
as may be, after you shall have executed the same. 

Given under my hand and seal the day of in 

the year of our Lord one thousand seven hundred 
and 

Justice of the Peace. 



164 OVERSEERS OF THE POOR, 

And such Overseers shall be obliged to receive and pro- 
vide for such person accordingly ; and said Justice may 
also award execution for damages and costs ; and may tax 
in costs a reasonable sum for the expense of removal ; and 
the execution may be issued to, and may be executed by a 
proper officer, in the county where the town is, against 
which it issues. And in all the proceedings aforesaid, 
the word district shall be inserted instead of the word 
town, where the cases require it. 

Provided always, That either party, as also any person 
who shall be adjudged likely to become chargeable and 
ordered to be removed, aggrieved at the judgment of such 
Justice, may appeal therefrom to the next Court of Com- 
mon Pleas, to be holden in and for the same county, and 
shall produce copies, and enter and prosecute the same 
as other appeals are. And said Court shall hear and de- 
termine the same without a Jury, and may award like 
warrant for removal, and like execution for damages and 
costs, mutatis mutandis ; or may on complaint affirm the 
judgment of the Justice with additional damages and 
costs, where the appeal is not prosecuted, and carry such 
judgment into execution. 

11. Such complaint may be originally made by said 
Overseers, if they see fit, to the court of Common Pleas 
in their county, by filing the same with the clerk of said 
court, and procuring a like summons from him, mutati& 
mutandis, and causing the same to be served in time and 
manner as aforesaid, as also summons for the party to be 
removed, and for witnesses ; and such court, upon such 
complaint, shall proceed to hear, determine, adjudge and 
grant warrant and execution, in the same manner as in 
cases coming before them by appeal ; and in all their ad- 
judications in the premises, they shall state the facts upon 
which their judgments are founded, to the end that error 
therein, if any, may be corrected by writ of error, in the 
Supreme Judicial Court, to which either party aggrieved 
shall be entitled, if purchased within a year, but not oth- 
erwise, and upon which, if judgment be reversed, such 
judgment shall be given, as ought to have been given be- 
low, and the plaintiflfe in error shall be restored to all 
they lost by such erroneous judgment, with costs ; but if 
the judgment be affirmed, the defendants shall recover 
costs. And said Supreme Judicial Court may send to 



OVERSEERS. OF THE POOR. 165 

said Courts of Common Pleas, and require them to state 
other facts, when it shall appear by suggestion or other- 
wise, that some material ones were omitted in the state- 
ment aforesaid, or to explain such as do not appear to the 
court to be clearly stated ; unless a new statement be 
agreed to by the parties. And depositions may be used 
before the Justice as well as Court of Common Pleas, on 
the trial of such complaints, when taken legally and for 
legal cause. And when expenses for support of a pauper 
are prayed for in such complaint, the same complaint may 
be proceeded upon to judgment so far as respects his set- 
tlement, and such expenses; the decease of the pauper 
pending the complaint notwithstanding. But all com- 
plaints and suits for removal of paupers, or recovery of 
expenses for their support to be made and prosecuted by 
the town of Boston, in the county of Suffolk^ shall be made 
and prosecuted either in the county of Middlesex or Nor^ 
folk, and all such suits and complaints to be made and 
prosecuted by the town of Sherburne, in the county of 
Nantucket, or by any town in the county of Duke's Coun- 
ty, shall be made and prosecuted either in the county of 
Bristol or Barnstable. 

12. Provided always, That said Overseers may in all 
cases, if they judge it expedient, previous to any such ap- 
plication to any Justice of the Peace, or Court of Common 
Pleas, send a written notification, stating the facts relat- 
ing to any person actually become chargeable to their 
town or district, to one or more of the Overseers of the 
place where his settlement is supposed to be, and request- 
ing them to remove him, which they shall have power to 
do by a written' order directed to any particular person 
by name, who is hereby authorised and required to obey 
the same ; and if such removal is not effected, nor object- 
ed to by them in writing, after such notice, to be deliver- 
ed in writing within two months after such notice to the 
Overseers of the town or district, requesting such removal, 
or to some one of them, then such Overseers may remove 
such person by land or water, as is most convenient, by a 
written order directed to and to be served by any person 
who shall be particularly mentioned in such order, to said 
place of his supposed settlement, the Overseers whereof 
shall be obliged to receive and provide for him, and their 
town or district shall be liable for the expenses of his sup- 



166 OVERSEERS OF THE POOR. 

port and removal, to be recovered by action, as aforesaid, 
by the town or district incurring the same, and shall be 
barred from contesting the question of settlement with the 
plaintiffs in such action. And if any person lawfully re- 
moved, agreeably to this act, to the place of his lawful 
settlement within this Commonwealth, shall voluntarily 
return to the town or district from which he was removed 
without their consent, he shall be deemed a vagabond, and 
upon conviction thereof, before any Justice jof the Peace 
in the same county, may be sent to the house of correc- 
tion. 

13. Said Overseers shall also relieve and support, and 
in case of their decease, decently bury all poor persons re- 
siding or found in their towns or districts, having no law- 
ful settlements within this Commonwealth, when they 
stand in need, and may employ them as other paupers 
maybe; the expense whereof may be recovered of their 
relations, if they have any chargeable by law for their sup* 
port, in manner herein before pointed out ; otherwise it 
shall be paid out of the treasury of the Commonwealth by 
warrant from the Governor, by and with advice of Coun- 
cil, an account thereof having been first exhibited to, and 
examined and allowed by the General Court. And upon 
complaint of such Overseers, any Justice of the Peace in 
their county, may by warrant directed to, and which may 
be executed by any Constable of their town or district* or; 
any particular person by name, cause such pauper to be 
sent and conveyed by land or water, to any other State, 
or to any place beyond sea, where be belongs, if the Jus- 
tice thinks proper, if he may be conveniently removed, at 
the expense of the Commonwealth ; but if he cannot be so 
removed, he may be sent to and relieved, and employed 
in the house of correction, or work house, at the public ex- 
pense. And every town and district shall be holden to pay 
any expense which shall be necessarily incurred for the 
relief of any pauper, by any inhabitant not liable by law 
for his or her support, after notice and request made to 
the Overseers of the said town or district, and until pro- 
vision shall be made by them. 

14. In all actions and prosecutions by complaint found- 
ed on this act, for or against any town or district, or 
against any individual, the Overseers of the poor thereof, 
fir any person by writing under their hands appointed^ 






OVERSEERS OF THE POOR. 167 

shall and may appear, prosecute or defend the same to 
final judgment and execution, in behalf of such town or 
district, and every actor thing required or authorised by 
them to be done by this act, may be done by them or the 
major part of them. 

13. If any person shall bring and leave any poor and 
indigent person in any town or district in this Common- 
wealth, wherein such pauper is not lawfully settled, know- 
ing him to be poor and indigent, he shall forfeit and pay 
the sum of twenty pounds for every such offence, to be 
I sued for and recovered by, and to the use of such town or 
district by action of debt, in any Court proper to try the 
same. 

16. If any master or other person, having charge of any 
vessel, shall therein bring into, and land, or suffer to be 
landed in any place within this Commonwealth, any per- 
son, before that time convicted in any other State, or in 
any foreign country, of any infamous crime, or any for 
which he hath been sentenced to transportation, knowing 
of such conviction, or having reason to suspect it, or any 
person of a notoriously dissolute, infamous and abandon- 
ed life and character, knowing him or her to be such, shall 
for every such offence forfeit the sum of one hundred 
pounds, one half thereof to the use of the Commonwealth, 
Ijand the other half to the use of any person, being a citizen 
jjof, and residing in this Commonwealth, who shall prose- 
cute and sue for the same, by action of debt as aforesaid. 
And in order to prevent charge to the Commonwealth, 
or any towns or districts therein, by the importation of 
such convicts, or of infirm and vicious persons, 

IT. The master or any other person, having charge of 
any vessel arriving at any place within this Common- 
wealth, with any passengers on board from any foreign 
dominion or country, without the United States of Amer- 
ica, shall within forty eight hours after such arrival, make 
j i report in writing under his hand, of all such passen- 
to J|2;ers, their names, nation, age, character and condition, so 
j. Far as hath come to his knowledge, to the Overseers of 
the poor of the town or district, at, or nearest to which 
j. such vessel shall arrive, who shall record the same in a 
or book kept for that purpose in their office. And every such 
f master or other person, that shall neglect to make suchre- 
jj port, or that shall wittingly and willingly make a false 



163 OVERSEERS OF THE POOR. 

one, shall, for each of these offences, forfeit the sum of 
fifty pounds, to be sued for and recovered by action of 
debt as aforesaid, by, and to the use of such town or dis- 
trict. (Further provision 1819. chap. 165.) 

18. An act, entitled " An Act providing for the sup- 
port of the poor," passed the fourteenth day of February, 
in the year of our Lord, one thousand seven hundred and 
eighty nine, and all other laws, and parts of laws hereto- 
fore made and passed, relative to the support, employ- 
ment, binding, warning out or removal of the poor, be, and 
the same hereby are repealed ; saving that they shall re- 
main in force as to all actions or prosecutions already 
commenced and now pending upon them ; saving also, 
that all acts and things already lawfully done and com- 
pleted, under and by force of them, be, and hereby are 
confirmed and declared to be valid; and saving further, 
that this repeal shall not be construed to extend to an 
act, entitled u An Act for suppressing and punishing of 
rogues, vagabonds, common beggars, and other idle, disor- 
derly and lewd persons,' 9 passed the twenty sixth day of 
Marchyin the year of our Lord, one thousand seven hun- 
dred and eighty eight ; nor to an act, entitled " An Act 
for erecting work houses for the reception and employment 
of the idle and indigent," passed the tenth day of Janua- 
ry, in the year of our Lord, one thousand seven hundred 
and eighty nine ; nor to an act passed the present ses- 
sion of the General Court, entitled*' An Act ascertaining 
what shall constitute a legal settlement, of any person, in 
any town or district within this Commonwealth, so as to 
entitle him to support therein, in case he becomes poor 
and stands in need of relief, and for repealing all laws 
heretofore made respecting such settlement." 
[Passed Feb. 26,1794.] 

By the act of Feb. 24, 1818, It is provided, that no per- 
son who is committed to prison upon execution for debt, 
and who shall have obtained the liberty of the yard, upon 
giving bond for that purpose, shall be chargeable to any 
town or district, as a pauper, for a longer time than 45 
days after he shall have given bond as aforesaid. And if 
the execution creditor, or other person to be notified of the 
intention of such debtor to take the said oath, shall reside 
in the same county, or within 50 miles of said prison, 



OVERSEERS OF THE POOR. 160 

Mich debtor shall not be so chargeable beyond the space 
of 40 days: Provided Nevertheless, that no such debtor, 
shall be chargeable to any town or district, for his sup- 
port, more than four days 'after he has obtained the liber- 
ty of the yard, until he shall make oath before some Jus- 
tice of the Peace of the same county, that, by reason cf his 
poverty, he is unable to pay for InVboard, and that he can- 
not procure employment, within the prison limits, where- 
by he can support himself; or that, by reason of bodily in- 
disposition, he is unable to support himself by labor. And 
such Justice shall also certify that he has enquired into 
the truth of the declaration of such prisoner, and believes 
the same to be true. 

Sect. 5. The overseers of the poor of any town, in 
which there is a county gaol, are hereby authorised and 
directed, at their discretion, by their order in writing, to 
set to work, under their own direction, or the direction of 
any other suitable person, any debtor, committed to prison 
upon mere process, or execution, and actually chargeable 
to any town or district in this commonwealth, for his sup- 
port, whether such prisoner shall have the liberty of the 
yard or not. And the order of said overseers shall remain 
in force, until they shall revoke the same, or such priso- 
ner shall provide for himself ; Provided however, that no 
prisoner shall be required to labor more than is necessary 
to pay the expense of his support. And no prisoner shall 
'be chargeable to any town or district, as a pauper, while 
such order of the overseers respecting him shall remain in 
force, except for the deficiency of his earnings to pay the 
expense of his support. 

Sect. 4. Provides, that no prisoner for debt, who shall 
apply to the overseers for relief, shall be permitted to have 
and use any spirituous liquors, without the consent of the 
said overseers. A penalty of not less than five nor more 
than ten dollars on such as violate this provision directly 
or indirectly, one moiety to the use of the town where the 
gaol is situated and the other moiety to the prosecutor, 
making it the duty of the sheriff, gaoler and overseers of 
the poor to prosecute for all offences which may come to 
their knowledge against the provisions of this section. 

Sect. 5. The inhabitants of any town or district, who 
have incurred expense for the support of any pauper, 
whether he was legally chargeable to them by means of his 
15 



170 OVERSEERS OF THE POOR. 

settlement, or not, may reco\er the same against such 
person, his executors or administrators, in an action of 
assumpsit, for money paid, laid out and expended for his 
use. 

Sect. 6. Upon the death of any pauper, who, at the 
time of his decease, shall be actually chargeable to any 
town or district within this Commonwealth, the Overseers 
of the poor of such town or district may take into their 
possession, all the personal property belonging to such 
pauper. And if no administration shall be taken upon 
the estate of such pauper within thirty days after his de- 
cease, said Overseers may sell so much of said property, 
as may be necessary to pay the expenses incurred for 
such pauper. And if any part of such property shall be 
withheld irom said Overseers, the same shall have the 
same remedy for the recovery of such property, or the 
value thereof, that an administrator of the estate of said 
pauper might have in like case. 

Sect. 7. This act to be in force on and after the first 
day of June, 1818. 

The act of 1819, chap. 94. being an act to relieve towns 
from the expense of supporting persons imprisoned for 
debt, provides as follows : 

Sect. 1. When any person committed to prison on 
mesne process or execution, in any civil action, shall ob- 
tain the liberties of the prison yard, such person shall not 
be deemed and considered a pauper, so long as he or she 
shall be at large within the limits of the prison jard, nor 
shall the town to which such debtor belongs, nor the Com- 
monwealth, in case such debtor has no place of legal set- 
tlement therein, be charged with his or her support. 

Sect. 2. Every tow r n or district, which shall be liable 
for, and shall have paid any of the charges of maintaining, 
in close prison, any person as a pauper, hereafter commit- 
ted on mesne process or execution, in any civil action, 
mav recover the same in an action at law against the cred- 
itor, at whose suit such debtor shall have been committed, 
and for the time he shall continue so imprisoned, at the 
suit of such creditor, at the rate of one dollar and twenty 
five cents, for the support of such debtor, per week ; ani 
such creditor shall also be liable to the Commonwealth for 
similar expenses incurred by the Commonwealth '.-Pro- 
vided however, that said creditor may, at any time, dig- 



OVERSEERS OF THE POOR. 171 

charge his debtor, committed as aforesaid, from prison, 
and such discharge shall not operate to release the debtor 
from the debt and costs ou which he was committed ; but 
such debt and costs, together with all sums which the 
creditor may have paid for the support of the debtor, in 
manner as herein before provided, shall be, and remain a 
legal claim against the goods and estate of the debtor, his 
or her bod j being forever thereafter exempted from arrest 
therefor. 

Sect. 3. The keeper of the prison shall be entitle! to 
receive at and after the rate of one dollar and twenty live 
cents per week, and no more, for the support of each debt- 
or, being a pauper, in close confinement. 

Sect. 4. No part of this act shall apply to any com- 
mitment for debts contracted, on or for any cause Mo- 
tion Which shall accrue on or previous to the fourteenth 
day of March next. (Feb. 5, 1820.) 

The additional act of 1321, chap. 22. provides, sect. 1. 
That when any person, hereafter confined in close pris- 
on, on mesne process or execution issued upon any cause 
of action, accruing after the 14th day of March, 1820, 
shall claim relief as a pauper, the keeper of the prison in 
which such poor debtor is confined shall, after twenty four 
hours from the time such claim is made, furnish reiief and 
support to said poor debtor, at the charge and expense of 
the creditor, so long as lie or she shall remain in close 
confinement at the suit of said creditor, at the rate of one 
dollar and twenty five cents per week; and no town or 
district in this Commonwealth, shall hereafter be liable 
for the support of any poor debtor confined in manner 
aforesaid. 

Sect. 2. When the keeper of the prison, at the time 
of the commitment of any person, upon mesne process or 
execution issued in manner aforesaid, shall require of the 
creditor, his or her attorney, or the officer committing, 
security for the expense of supporting such debtor, in 
case he or she shall claim relief as a pauper, unless satis- 
factory security is given, or the money advanced, he shall 
be under no obligation to furnish support for said debtor, 
as a pauper; and said keeper may, after 24 hours from 
the time said poor debtor shall claim relief as a pauper 
discharge said debtor from imprisonment. 



172 OVERSEERS OF THE POOR. 

Sect. 3. When execution shall be hereafter issued 
upon judgments, rendered upon causes of action, which 
accrued previous to the 15th March, 1820, tiic clerk or 
Justice issuing the same, shall certify on the back thereof^ 
that the cause of action accrued previous to the said time. 

The act of 1797, chap. 62. sect. 3. provides, That every 
person committed to the house of correction, shall be kept 
at his or her own expense, if he or she have estate ; oth- 
erwise at the charge of the person or town upon whom his 
maintenance was regularly to be charged, if he or she had 
not been committed; and he or she shall, if able, be put 
to work during his or her confinement. 

Sect. 4. All privileges granted to towns to provide 
work for their inhabitants at the county house of correc- 
tion, and also to provide for their support there, shall re- 
main in force notwithstanding this act. 

The additional act of 1802, chap. 22. sect. 1. provides 
That the court of Sessions provide and cause to be kept 
materials for the employ of those committed to the house 
of correction. And after the 1st Sept. then next, no town, 
parent or master shalj be allowed to furnish any materials 
as aforesaid, without the consent of the keeper or over- 
seers of. the house of correction, any thing in the aforesaid 
act to the contrary notwithstanding. 

Segt. 2. Whenever there shall be due to any keeper 
of such house, for the care, trouble and expense of keep- 
ing, supporting and employing any person committed as 
aforesaid, any sum or sums of money, and the same shall 
have been allowed and certified by the court of sessions 
or their committee, he shall have a right to demand and 
recover the same of such person, his parent, master or 
kindred, who may be by law liable to maintain him, or of 
the town wherein he is lawfully settled; and if such per- 
son, parent, master, kindred or towns shall refuse or neg- 
lect to pay such sum for the space of fourteen days after 
the same shall have been demanded, in writing, of him or 
them respectively, or of one of the selectmen of the town, 
the keeper may have an action against the town, in case 
he has not sufficient estate, nor kindred liable by law to 
maintain him. 

The notice to 5e given to the town, in which the settle- 
ment of the pauper is, must be in writing, and signed by 
a major part of the overseers of the poor of the town 



OVERSEERS OF THE POOR. 173 

giving the notice, or by their order. 6 Mass. Rep. 501. 
8 Mass. Rep. 104. 

The notice must name the persons chargeable — thereby 
stating that the family of such a one has become chargeable 
is not sufficient. 12 Mass. Rep. 307. 

It seems that a new notice is necessary every time that 
a pauper becomes chargeable. 5 Mass. Rep. 325. 

When the Overseers of a town, in which a pauper is 
not settled, shall provide for his relief, when in distress, 
their remedy is against the town in which the pauper is 
settled, and not against any of his kindred, who are only 
liable to be called on by the overseers of the town in which 
he is settled, or by some other of his kindred. 5 Mass. 
Rep. 244. 

If a written notification be given to one of the overseers 
of the town, in which the settlement of the pauper is, it is 
sufficient. 6 Mass. Rep. 501. 11 Mass. Rep. 327. 



15* 



PARISH AND PARISH OFFICERS. 

U Meetings, how notified. 

£. Qualification of Voters. 

3. Clerk to preside in the choice of Moderator. 

4 . Parish Officers, how chosen, duty of, Sfc. 

5. May raise moneijfor the support of sacred music, 

6. Support of public worship. 



1 . Meetings how notified. 

Jfyi act in addition to an act, entitled " An act regulat- 
ing parishes, precincts, and the officers thereof." 

WHEREAS it has been the usage of many parish- 
es in this commonwealth, to notify parish meetings by 
posting up warrants in public places within such parish- 
es, and doubts may arise with respect to the legality of 
such meetings : 

Sect. 1. The inhabitants of each parish within this 
commonwealth, qualified to vote in parochial affairs, shall 
have power at any legal meeting, to agree upon the mode 
of notifying all future meetings of such parish. 

Sect. 2. All parish meetings, which have heretofore 
been notified, Or which shall hereafter be notified by post- 
ing up warrants in public places, within the bounds of 
such parish or precinct, where no other mode of notifying 
has been or shall be agreed upon by such parish, shall be 






PARISH AND PARISH OFFICERS. 175 

deemed to be legal meetings, and their votes and proceed- 
ings shall be good and valid : Provided such meetings, 
votes and proceedings, shall be conformable to law in all 
other respects : Provided also, that nothing herein con- 
tained shall be construed to affect any suit or process in- 
stituted before the passing of this act. 

[This act passed Feb. 28, 1808.] 

2. Qualification of Voters. 

THE act of 1817, chap. 184. provides, sect. 1. 
That the inhabitants of each respective parish and pre- 
cinct, of 21 years of age, who shall be liable to pay to ei- 
ther state, town or county, taxes, exclusive of the poll or 
polls, a sum equal to two thirds of a single poll tax, shall 
have a right to vote in all parish or precinct meetings, in 
the parish or precinct to which they belong. 

The statute of 1817, chap. 77. provides, that whenever 
the inhabitants of any town or district are legally assem- 
bled to act, on any subject relating exclusively to parishes, 
no person who is not a member of said parish, and liable 
to be assessed for parochial charges, shall be permitted to 
vote in such meeting. 

3. Clerk to preside in the choice of Moderator. 

THE statute of 1817, chap. 184. sect. 2. provides, 
That at all parish or precinct meetings, the clerk shall 
preside in the choice of moderator. 



4. Parish officers,, how chosen 9 duty of $c. 

THE statute of 1786, provides, that the bounds 
and limits of precincts and parishes, as they have been 
Formerly settled, be and hereby are confirmed and estab- 
lished, until they shall be otherwise ordered by the Gener- 
al Court. And the inhabitants of each respective parish 
and precinct, who shall pay in one tax, exclusive of the 
poll or polls, a sum equal to two thirds of a single poll tax, 
shall, in the month of March or April, annually, meet and 
assemble together at such time and place, in the same par- 
ish or precinct, as they shall be notified to attend by the 



176 PARISH AND PARISH OFFICERS. 

Collector thereof, or such other person as the Assessors 
thereof shall appoint to notify the same : and the said in- 
habitants shall then and there, by a major vote, by ballot, 
or such other method as they may determine convenient, 
choose a Clerk, who shall be under oath truly to record 
all votes passed in the same, or any other regular meeting 
of the Corporation, during the time he shall remain in office; 
two or more able and judicious persons for Assessors, a 
Treasurer, Collector and other usual parish or precinct 
officers. And no person in commission for any office, 
civil or military, Church Officer, member of the Council, 
Senate, or House of Representatives, for the time being, 
nor any one who has served in the office of Constable or 
Collector of any town, district, parish or precinct within 
the term of seven years, shall be obliged to serve in the of- 
fice of Collector. And every person chosen to the office 
of Collector, and not exempted as atoresaid, if he be able 
in person to execute the same, and of the same denomina- 
tion of Christians as those of the major part of the parish 
or precinct who shall choose him, who shall refuse to take 
the ; oath to that office prescribed, and to serve therein^ 
shall forfeit and pay to the use of the same precinct or 
parish, the sum of Three Pounds. And the person chos- 
en collector shall, if present, forthwith declare his accep- 
tance or refusal, and in case of non-acceptance the parish 
or precinct shall proceed to a new choice, and so from 
time to time until one shall accept and be sworn ; and any 
person so chosen, who shall be present and shall not de- 
clare his acceptance of the office of collector, or who shall 
neglect, after being summoned by a constable or any person 
other whom the clerk or assessors may appoint for that 
purpose before the clerk, to take the oaths of office for 
the space of seven days next after being notified or sum- 
moned, as aforesaid (which oath, as well as the oath of all 
other parish or precinct officers, the clerk for the time be- 
ing is hereby authorized and empowered to administer) 
and shall neglect to pay the fine aforesaid, may be com- 
pelled to pay the same by the same mode of process, in 
the Court of General Sessions of the Peace, that fines may 
by law be recovered of persons refusing to serve in the 
office of Constable. 

Sect. 2. Assessors of precincts or parishes shall be 
empowered to manage their prudentials, unless, a commit- 



PARISH AND PARISH OFFICERS. 177 

tec shall specially be appointed for that purpose, which 
any precinct or parish is empowered to choose if they 
think pntyer ; and the said committee, where any such, 
shall be chosen, and the assessors where no such commit- 
tee shall be appointed, shall have like power and authori- 
ty in all respects for calling parish or precinct- meetings 
as Selectmen by law have for calling town -meetings ; and 
in case of a vacancy in any parish or precinct office chosen 
in March or April, the same vacancy may be filled at a 
parish or precinct meeting regularly notified, at any other 
season of the year. And the moderator of a parish or pre- 
cinct-meeting shall have the like power and authority in 
governing the meeting as the like officer by law has in a 
town-meeting ; and persons misbehaving in parish or 
precinct-meetings shall be subjected to similar punish- 
ments, to the use of the parish or precinct, as persons 
misbehaving in town-meetings; and the penalties to be 
recovered in the same manner. And the moderator, in 
case no Justice of the Peace is present, may also admin- 
ister, in open meeting, the oath of office to the clerk 
thereof. And when ten or more of the -qualified voters 
of any precinct or parish shall signify, in writing, their 
desire to have any matter or thing inserted in a warrant for 
calling a meeting, it shall be the duty of the assessors to 
insert the same in the next warrant they shall issue 
for that purpose; and no matter or thing shall be acted 
upon in such a manner as to have any legal operation 
whatever unless the subject matter thereof shall be in- 
serted in the warrant for calling the meeting. And in 
case the assessors shall unreasonably refuse to call a 
meeting, or a parish or precinct shall have no assessors 
within it to call one, or not a major part of the assessors 
or committee which any parish may agree upon to be cho- 
sen, any Justice of the Peace for the same county, upon 
the application of ten or more of the voters in the parish 
or precinct, may call a meeting, in the same manner as a 
Justice of the Peace is by law authorized to call a town- 
meeting. 

Sect. 3. The qualified voters aforesaid of any parish 
or precinct, at the annual meeting in March or April, or 
at any other parish or precinct-meeting regularly notified, 
at least seven days before the holding thereof, may grant 
and vote such sum or sums of money as they shall judge 



178 PARISH AND PARISH OFFICERS. 

necessary for the settlement, maintenance, and support of 
ministers or public teachers of religion ; for the Jjuilding 
or repairing of houses of public worship, and all other ne- 
cessary parish or precinct charges, to be assessed on the 
polls and property within the same as by law provided. 
And the inhabitants of each respective parish and pre- 
cinct are hereby declared to be a body corporate, and as 
such may commence and prosecute any action or suit to 
final judgment and execution, in any Court proper to 
hear and determine the same, and may also defend any 
suit or action that may be brought against them ; for 
which purposes they may constitute one or more agents 
or attornies, in the same manner as towns may constitute 
and appoint agents ; and the evidence of their appoint- 
ment may be ascertained in the same manner. 

Sect, 4. Where any town or district consisting of but 
one parish only, has been or hereafter shall be divided or 
made into two or more precincts or parishes, any engage- 
ments or contracts entered into by such town or district, 
before such division, of a precinct or parochial nature sole- 
ly, shall not by such division be considered as released, 
cancelled, or extinguished ; but the same shall remain in 
full force, apd be obligatory on the inhabitants residing, 
and the estates lying within the limits of the first parish 
or precinct of the same town or district, who shall be 
deemed and taken as successors to the town or district, 
so far as relates to precinct or parochial agreements and 
contracts, to every intent and purpose whatever. Pro- 
vided always, That all debts of a precinct or parochial na- 
ture, that are or shall be in fact due and owing from any 
town or district, before a division thereof into precincts 
or parishes, for services or other matters actually done 
and performed, for the general benefit of the persons who 
shall after be included in each of the precincts or parishes, 
shall in no respect be altered or devolved upon the first 
parish or precinct, as the successors of the said town or 
district, in its precinct or parochial capacity, anything 
herein contained to the contrary notwithstanding. 

Sect. 5. In all such towns or districts where one or 
more parishes or precincts shall be regularly set off from 
such towns or districts, the remaining part of such town 
or district is hereby deemed, declared and constituted an 



PARISH AND PARISH OFFICERS. 179 

entire, # perfect and distinct parish or precinct, and shall 
be considered as the principal or first parish or precinct. 
[This act passed June 28, 1786.] 



5. May raise money for the support of sacred music. 

BY the act of 1821, chap. 67. the inhabitants of 
each town, district, or parish, qualified to vote in town, 
district, or parish affairs, shall have power, after 1st of 
March next, at their annual meeting, to raise in the same 
manner that other town, district, or parish charges may 
now by law be raised, such sum or sums of money as they 
may deem sufficient to defray all the cost and charges 
which may be necessary for the support and maintenance 
of sacred music in their respective towns, districts, and 
parishes as aforesaid. 



6. Support of Public Worship. 

An Act providing for the public Worship of God, and 
other Purposes therein mentioned, and for repealing 
the Laws heretofore made relating to this Subject. 

THAT the respective Churches, connected and 
associated in public Worship with the several towns, par- 
ishes, precincts, districts, and other bodies politic, being 
religious societies, established according to law, within 
this Commonwealth, shall, at all times, have, use, exer- 
cise and enjoy, all their accustomed privileges and liber- 
ties, respecting divine Worship, church order and disci- 
pline, not repugnant to the Constitution of this Common- 
wealth, and shall be encouraged in the peaceable and reg- 
ular enjoyment and practice thereof. 

Sect. 2. Every corporate town, parish, precinct, dis- 
trict, and other body politic or religious society aforesaid, 
is hereby required to be constantly provided with a public 
Protestant Teacher of piety, religion and morality; and 
in default of being so provided and supplied, for the term 
of three months in any six months, such town, parish, 



180 PARISH AND PARISH OFFICERS. 

precinct, district, and other body politic or religiQus so- 
ciety, which shall, in the judgment of the Court of Gener- 
al Sessions of the Peace for the same county, be adjudged 
of sufficient ability to be so provided, shall pay a fine, for 
a first offence, of a sum not exceeding Sixty Dollars, nor 
less than Thirty ; and for each and every like offence af- 
ter the first, a fine not exceeding One Hundred Dollars, 
nor less than Sixty Dollars, together with costs of prose- 
cution ; such fine to be recovered by indictment in the 
Court of General Sessions of the Peace in the county 
where such delinquency may happen, and levied on the 
inhabitants composing such town, parish, precinct, dis- 
trict, and other body politic or religious society so delin- 
quent, in the same manner as other fines are levied on the 
inhabitants of towns. And every such fine shall be dis- 
posed of, by order of said Court, to the support of the 
public Worship of God in such religious society in the 
same county, as, in the opinion of said Court, shall stand 
most in need thereof. 

Sect* S. Any contract made by such town, parish, pre- 
cinct, district, and other body politic or religious society, 
with any such public teacher aforesaid, as may be by them 
respectively chosen for their teacher or religious instruc- 
tor, shall have the same force, and be as binding on such 
corporation or religious society, as any other lawful con- 
tract ; and all Courts of competent jurisdiction, shall have 
power to sustain suits brought to enforce their perform- 
ance. 

And in order that all the citizens of this Commonwealth 
may, according to the wise and reasonable provision of the 
Constitution, be alike required to contribute to the sup- 
port of their public teachers aforesaid : 

Sect. 4. Every town, parish, precinct, district, and 
other body politic and religious society aforesaid, is here- 
by authorized to cause all sums of money by them re- 
spectively voted to be raised from time to time, in anv 1 
legal meeting duly assembled and holden for that purpose* 
ior the settlement or support of any public teacher or 
teachers as aforesaid, or the building or repairing any 
house or houses of public Worship, to be assessed on all 
the ratable polls and property within each particular cor- 
poration or religious society aforesaid (the polls and es- 
tates of Quakers excepted) in the same proportion as state 



PARISH AND PARISH OFFICERS. 181 

or town taxes are by law assessed. And such sums of 
money, when so assessed and collected, shall be paid into 
the treasury of such town, if composed of one parish or 
society : if otherwise, to the Treasurer of the parish, pre- 
cinct, district, or other body politic or religious society 
aforesaid, to be by him paid out as directed and ordered 
by the Selectmen of such town or district committee (where 
chosen) or otherwise by the Assessors of such parish, pre- 
cinct, and other body politic or religious society, for the 
purposes for which such money was raised : Provided 
however, That when any person taxed in any such tax or 
assessment voted to be raised as aforesaid, for the purpo- 
ses aforesaid, being at the time of voting or raising any such 
tax or assessment of a different sect or denomination from 
that of the corporation, body politic or religious society by 
which said tax was so assessed, shall request, that the tax 
set against him or her, in the assessment made for the 
purposes aforesaid, may be applied to the support of the 
public teacher of his own religious sect or denomination ; 
such person, procuring a certificate signed by th^ public 
teacher on whose instruction he usually attends, and by 
two other persons of the society of which he is a member 
having been specially chosen a committee to sign said 
certificate) in substance as follows, viz. 

u WE, the subscribers, A. B. public teacher of a society 
of the religious sect or denomination called in the 

town, district, precinct or parish of and C. D. E. F. 

committee of said society, do hereby certify that 
doth belong to said society; and that he or she (as the 
case may be) frequently and usually, when able, attends 
with us in our stated meetings for religious worship." 

Which certificate having been produced to the select- 
men, committee or assessors (as the case may require) of 
the town, district, parish, precinct, or other body politic 
re religious society by whom he or she has been taxed as 
iioresaid, it shall be sufficient to require them respective- 
y to order and direct the treasurer of such corporation or 
eligious society, to pay over the amount of such taxes, so 
applied for, to the use of the public teacher of the religious 
sect or denomination to which such applicant belongs; 
ind such public teacher shall thereby be entitled to re- 

eive the same. 

16 



182 PARISH AND PARISH OFFICERS. 

Sect. 5. The Assessors of each parish or religious so- 
ciety within this Commonwealth, may omit, in the taxes 
voted to be assessed on the pollg and estates within such 
parish or society, such persons living within the limits of 
the same as belong to and usually attend public Worship 
in a religious society of a different denomination. Pro- 
vided, That nothing in this Act contained shall take from 
any church or religious society in the town of Boston, or 
any other town, the right and liberty to support the pub- 
lic Worship of God, by a tax on pews, or other establish- 
ed mode. 

Sect. 6. All law r s providing for the settlement of Min- 
isters, and the support of the public Worship of God, made 
prior to the adoption of the present Constitution of this 
Commonwealth, be and hereby are repealed, except so far 
as relate to the recovery of all fines and penalties accru- 
ing under the same, and the fulfilment of all contracts 
made under, and by virtue thereof. 

[This Act passed March 4, 1800.J 

Jin Jlct respecting Public Worship and Religious Freedom* 

WHEREAS it is provided by the Constitution of 
this Commonwealth, " that every denomination of Chris- 
tians demeaning themselves peaceably, and as good sub- 
jects of the Commonwealth, shall be equally under the 
protection of the law; and no subordination of any one 
sector denomination to another, shall ever be established 
by law," Therefore, 

Sect. 1. All monies paid by any citizen of this Com- 
monwealth to the support of publick worship, or of pub- 
lick teachers of religion, shall, if such citizen require it, 
be uniformly applied to the support of the publick teacher 
or teachers "of his own religious sect or denomination, pro- 
vided there be any on whose instructions he usually at- 
tends, as well where such teacher or teachers is or are the 
teacher or teachers of an unincorporated as of a corporate 
religious society : and it shall be sufficient to entitle any 
such teacher or teachers of a corporate or unincorporate 
religious society, to receive the same monies of the town, 
district, parish, or religious corporation, wnich shall assess, 
collect, or receive the same, that he be ordained and es- 
tablished according to the forms and usages of his own re- 



PARISH AND PARISH OFFICERS. 183 

ligious sect and denomination, although his parochial charge 
or duties may extend over other religious societies, ac- 
cording to such forms and usages. 

Segt. 2. Whenever any person shall become a member 
of any religious society, corporate or unincorporate, with- 
in this Commonwealth, such membership shall be certified 
by a committee of such society, chosen for this purpose, 
and filed with the Clerk of the town where he dwells, such 
person shall for ever afterwards be exempted from taxation 
for the support of publiek worship and publick teachers of 
religion in every other religious corporation whatsoever, 
so iong as he shall continue such membership. And the 
certificate of such committee may be as follows : — " W r e 
certify that A. B. of the town of' 3 is a member 

of the religious society in the town of - called 

Dated this day of A. D. 

18 . 

i Committee. 

Sect. 3. In case any donation, gift, or grant shall here- 
after be made to any unincorporate religjous society, such so-^ 
ciety shall have full power to manage, improve, and use the 
same, according to the terms and conditions on which the 
same maybe made ; to elect suitable trustees, agents, or 
officers therefor ; and to prosecute and sue for any right 
which may vest in such society inconsequence of such 
donation, gift, or grant. 

Sect. 4. All ministers ordained agreeably to the usages 
of the sect or denomination to which they severally belong, 
whether over corporate or unincorporate society or socie- 
ties, within this Commonwealth, shall have the same ex- 
emptions from taxation, as are given to stated ordained 
ministers of the gospel, in the town, district, parish, or 
plantation, where they are settled ; subject, however, to 
the same restrictions and penalties. 

Sect. 5. All parts of acts inconsistent with this act. be, 
and the same are hereby repealed. 

[This act passed June 18, 1811.] 



PROPRIETORS OF COMMON AND 
GENERAL FIELDS. 

BY the act of 1818, chap. 11. in addition to the 
act of 1785, chap. 53. it is provided, that when the major 
part, in interest, of the proprietors of any tract of land, 
consisting of several allotments, shall be desirous of en- 
closing, fencing and improving the same in one general 
field, they may apply to the Court of Common Pleas in 
the county where such land lies; and when such land 
lies in different counties, then to the Supreme Judicial 
Court to be held in either; and on such application, the 
said court shall notify the proprietors concerned in said 
land to appear at the same court at the same or the next 
term thereof, in such manner and form as the court shall 
judge proper; and if on hearing the said proprietors, it 
shall be deemed for their general interest by the said 
court, they shall decide that said land shall be fenced, en- 
closed, improved in one general field; and after suck 
tract of land shall fcfe so established as a general field, the 
first meeting may be called, on application to a justice of 
the peace, in the manner provided by the act of 1785, 
chap. 53. at any time in the year ; and at such first meet- 
ing, the proprietors of such field may agree upon the man- 
ner of calling and notifying future meetings, as well the 
annual as special meetings of such proprietors ; and such 
proprietors shall be entitled to all the rights and privileges, 
and subject to all the duties, to which proprietors of gene- 
ral and common fields now are, by the laws of this Com- 
monwealth* 

The first meeting of the proprietors of any tract of land, 
established as a general or common field by the Supreme 
Court, or Court of Common Pleas, may be called and hold- 
en at any time in the year, upon application of two or 
more proprietors of such field to a Justice of the Peace in 
the manner provided by the act of 1785, chap. 53. And 
the proprietors of general and common fields may adjourn 
their meetings from time to time, by a vote of the majori- 
ty of proprietors present at any meeting. (Statute of 
1820, chap. 1.) 



PROPRIETORS OF SOCIAL LIBRARIES. 185 

See further, as to the obligations of the proprietors of 
common and general fields, to make and maintain fence?, 
under the title of Fence Viewers. 



PROPRIETORS OF SOCIAL LIBRA- 
RIES. 

An Act to enable the proprietors of Social Libraries to 
manage the same. 

ANY seven or more persons, capable of contract- 
ing, in any town or district in this Commonwealth, who 
shall become proprietors in common of any library, may 
form themselves into a society or body politic, for the ex- 
press purposes of holding, increasing, preserving and using 
such library ; and to that end, any five or more of them 
may, by an application in writing, by them signed, to any 
Justice of the Peace within the same county wherein the 
said town or district may be, stating the purposes of their 
meeting, and requesting him to issue his warrant for call- 
ing a meeting of the said proprietors; and the said Jus- 
tice may grant his warrant to one of them, directing him 
to call a meeting of the said proprietors, at the time and 
place, and for the purposes expressed in such warrant ; 
and said meeting shall be called by posting up the pur- 
port of said warrant in some public place in the said town 
or district where the said library shall be kept, seven days 
at least before the time of said meeting ; and the propri- 
etors being thus met and organized, they may then agree 
and determine upon a method of calling future meetings ; 
and in all cases votes shall be determined by counting and 
allowing one vote to each share. And the proprietors of 
any such library shall have power to possess and hold, to 
them, their successors and assigns, real or personal estate, 
to any amount not exceeding Jive thousand dollars, over 
and above the value of their books. 

Skct. 2. Any seven or more of the proprietors of such 
library, met in pursuance of such notice, shall have pow- 
er to choose a Moderator, Clerk, Librarian, Collector, 
Treasurer, and such other officers as ihey may find neces- 
*16 



18G PROPRIETORS OF SOCIAL LIBRARIES. 

sary : And the Clerk shall be sworn to the faithful per- 
formance of his duties ; and the Treasurer shall give 
bond, with sufficient surety or sureties, faithfully to ac- 
count for all monies he may receive by virtue of this Act** 
And the said proprietors, when so incorporated and or- 
ganized, shall have power to raise monies by assessments 
on the several shares in such library, as they may judge 
necessary for preserving and increasing the same ; to 
make bye-laws for the due regulation of the concerns of 
the said Corporation, not repugnant to the constitution 
and laws of this Commonwealth, and to annex and recov- 
er penalties for any breach of such bye-laws, not exceed- 
ing three dollars for any one breach thereof. 

Sb,cT. 3. The proprietors of any such library, so in- 
corporated, shall be called and known by the name of the 
proprietors of the Social Library in the town of 
and by that name shall sue and be sued, prosecute and de- 
fend, plead and be impleaded, in al factions and processes 
in law ; and when there shall be more than one such li- 
brary in any town or district, the proprietors thereof shall 
be known and called by the name of the proprietors of 
the second, third, fourth, &c. (as the case maybe) Social 
Library, in the town of — 

Sect. 4. An Act passed the third' day of March, in the 
year of our Lord one thousand seven hundred and ninety- 
eight, entitled, "And Act to enable the proprietors of so- 
cial libraries to manage the same," be, and hereby is re- 
pealed : Provided nevertheless , That with regard to all 
salts and causes of suits, and all rights existing under and 
by force of said Act, it shall be considered as in full force. 
[This Act passed March 8, 1806/] 

dn Jld in addition to an Jlci, entitled, " Jin Jict to enable 
the Proprietors of Social Libraries to manage the 



ANY seven or more persons, who are officers in 
any division of the Militia of this Commonwealth, who 
shall, by writing, associate themselves for the purpose of 
forming a Military Library Society, within the limits of 
their Division, may become a body politic, by The name 
of the Military Library Society, in the Division* 

tor the express purpose of purchasing, holding, increasing, 



PROPRIETORS OF SOCIAL LIBRARIES. 187 

preserving, and using such Library ; and to this end, any 
live or more of them may make an application in writing 
to any Justice of the Peace, within the limits of the Divi- 
sion to which said applicants may belong, stating the pur- 
poses of their meeting, and requesting him to call a meet- 
ing of the said proprietors. And the said Justice may 
thereon grant his warrant to any one of them, directing 
him to call a meeting of the said proprietors at the time 
and place expressed in such warrant ; and said meeting 
shall be called by posting up the purport of said warrant, 
in such public places, within the Division, where the said 
Library is to be kept, or by publishing the same in one or 
more newspapers printed within the said Division, twenty 
days at least before the time of said meeting, as the said 
Justice shall order. And the said proprietors being thus 
met and organized, may then agree and determine upon 
the method of calling future meetings ; and shall be enti- 
tled to all the other rights, powers, and privileges, and be 
under all the limitations and restrictions, mutatis mutan- 
dis, which are contained in the Act to which this is in 
addition. 

[This act passed February 24, 1807.] 



SCHOOLS. 



An Act to provide for the Instruction of Youth, and for 
the Piomotion of good Education. 



1 



; 



WHEREAS the Constitution of this Common- 
wealth hath declared it to be the duty of the General 
Court, to provide for the education of youth ; and where- 
as a general dissemination of knowledge and virtue is nec- 
essary to the prosperity of every State, and the very ex- 
istence of a Commonwealth : 

1. Every town or district within this Commonwealth, 
containing^/?/ families, or householders, shall be provid 
ed with a schoolmaster or schoolmasters of good morals 
to teach children to read and write, and to instruct them 
in the English language, as well as in arithmetic, orthog- 
raphy, and decent behavior, for such term of time as shall 
be equivalent to six months for one school in each year. 
And every town cr district, containing one hundred families 
or householders, shall be provided with such schoolmaster 
or schoolmasters, for such term of time as shall be equiva- 
lent to twelve months for one school in each year. And 
every town or district containing one hundred and fifty 
families or householders, shall be provided with such 
schoolmaster or schoolmasters, for such term of time as 
shall be ecyuivalent to six months in each year; and shall, 
in addition thereto, be provided with a schoolmaster or 
schoolmasters as above described, to instruct children in 
the English language, for such term of time as shall be 
equivalent to twelve months for one school in each year. 
And every town or district, containing two hundred fami- 
lies or householders, shall be provided with a grammar 
schoolmaster of good morals, well instructed in the Latin, 
Greek and English languages, and shall in addition there- 
to, be provided with a schoolmaster or schoolmasters as 
above described, to instruct children in the English lan- 
guage, far such term of time as shall be equivalent to 
twelve months for each of said schools in each year. 



SCHOOLS. 189 

And whereas by means of the dispersed situation of the 
inhabitants of several' towns and districts in this Common- 
wealth, the children and youth cannot be collected in any 
one place for their instruction, and it has thence become 
expedient that the towns and districts in the circum- 
stances aforesaid should be divided into separate districts 
for the purpose aforesaid : 

2. The several towns and districts in this Common- 
wealth, be, and they are hereby authorised and empower- 
ed, in town meeting, to be called for that purpose, to de- 
termine and define the limits of school districts within 
their towns and districts respectively. 

And to the end that grammar schoolmasters may not be 
prevented in their endeavour to discharge their trust in 
the most useful manner: 

3. No youth shall be sent to such grammar schools, un- 
less they shall have learned in some other school, or in 
some other way, to read the English language, by spelling 
the same ; or the Selectmen of the town where such 
grammar school is, shall direct the grammar schoolmaster 
to receive and instruct such youth. 

4. It shall be, and it is hereby made the duty of the 
President, Professors and Tutors of the University at 
Cambridge, Preceptors and Teachers of Academies, and 
all other instructors of youth, to take diligent care, and to 
exert their best endeavours, to impress on the minds of 
children and youth committed to their care and instruc- 
tion, the principles of pietv, justice, and a sacred regard 
to truth, love to their country, humanity and universal 
benevolence, sobriety, industry and frugality, chastity, 
moderation an J temperance, and those other virtues which 
are the ornament of human society, and the basis upon 
which the republican Constitution is structured : And it 
shall be the duty of such instructors, to endeavour to lead 
those under their care (as their ages and capacities will 
admit) into a particular understanding of the tendency of 
tiie beforementioned virtues, to preserve and perfect a re- 
publican Constitution, and to secure the blessings of liber- 
ty, as well as to promote their future happiness; and the 
tendency of the opposite vices to slavery and ruin. 

And to the end that improper persons may not be em- 
Moved in the important offices before mentioned ; 



190 SCHOOLS. 

5. No person shall be employed as a schoolmaster a» 
aforesaid, unless he shall have received an education at 
some College or University, and before entering on the 
said business, shall produce satisfactory evidence thereof, 
or unless the person to be employed as aforesaid, shall 
produce a certificate from a learned minister, well skilled 
in the Greek and Latin languages, settled in the town or 
place where the school is proposed to be kept, or two other 
such ministers in the vicinity thereof, that they have rea- 
son to believe that he is well qualified to discharge the du- 
ties devolved upon such schoolmaster by this act : And in 
addition thereto, if for a grammar school, " that he is of 
competent skill in the Greek and Latin languages, for the 
said purpose." And the candidate of either of the descrip- 
tions aforesaid, shall moreover produce a certificate from 
a settled minister of the tow T n, district, parish or place, to 
which such candidate belongs, or from the selectmen of 
such town or district, or committee of such parish or 
place, * That to the best of his or their knowledge, he sus- 
tains a good moral character." Provided nevertheless t 
That this last certificate respecting morals, shall not be 
deemed necessary, where the candidate for such school* 
belongs to the place where the same is proposed to be ac- 
tually kept ; it shall however be the duty of such select- 
men or committee, who may be authorised to hire such 
schoolmaster, specially to attend to his morals. 

6. If any town or district, having the number of fifty 
families or householders, and less than one hundred, shall 
neglect the procuring and supporting a schoolmaster or 
schoolmasters, to teach the English language as aforesaid, 
by the space of six months in one year, such deficient town 
or district shall incur the penalty of ten pounds, and a. 
penalty proportionable for a less time than six months in 
a year, upon conviction thereof; and upon having the 
number of one hundred families or householders and up- 
wards, .shall neglect the 'procuring and supporting such 
schoolmaster or schoolmasters as is herein required to be 
kept by such town for the space of one year, every such 
deficient town or district, shall incur the penalty of twen- 
ty pounds, and a proportionable sum for a less time than 
a year, upon conviction of such neglect. And every town 
or district having one hundred and fifty families or house- 
holders, which shall neglect the procuring and supporting; 



SCHOOLS. 191 

such schoolmasters, and for such term of time as the 
schools aforesaid are herein required to be kept by such 
town or district, in any one year, shall incur the penalty 
of thirty pounds, and a proportionable sum for a less time, 
upon conviction of such neglect. And every town or 
district having two hundred families or householders and 
upwards, that shall neglect the procuring and supporting 
such grammar schoolmaster as aforesaid, for the space of 
one year, shali incur the penalty of thirty pounds, and a 
proportionable sum for a less time than a year, upon con- 
viction of such neglect. 

7. The penalties which may be incurred by virtue of 
this act, shall be levied oy warrant from the Supreme Ju- 
dicial Court, or Court of General Sessions of the Peace, 
tor the county to which such deficient town or district be- 
longs, upon the inhabitants of such deficient town or dis- 
trict, in the same manner as other sums for the use of the 
county, and shall be ; Jd into the county treasury, and 
the same shall be appropriated for the support of such 
school or schools as are prescribed by this law, in such 
town or towns, district or districts in the same county, as 
shall have complied with this law, and whose circumstan- 
ces most require such assistance, or in such plantation or 
plantations in the same county, as the said Court of Ses- 
sions shall order and direct. And it shall be the duty of 
the minister or ministers of the gospel and the Selectmen, 
(or such other persons as shall be specially chosen by each 
town or district for that purpose) of the several towns or 
districts, to use their influence and best endeavours, that 
the youth of their respective towns and districts do regu- 
larly attend the schools appointed and supported as afore- 
said, for their instruction ; and once in every six months 
at least, and as much oftener as they shall determine it 
necessary, to visit and inspect the several schools in their 
respective towns and districts, and shall inquire into the 

| regulation and discipline thereof, and the proficiency of 
the scholars therein, giving reasonable notice of the time 
of their visitation. 

8. All plantations which shall be taxed to the support 
of government, and all parishes and precincts, are hereoy 
authorised and empowered at their annual meeting in 
March or April, to vote and raise such sums of money up- 
on the polls and rateable estates of their respective in- 



192 SCHOOLS. 

habitants, for the support and maintenance of a school- 
master to teach their children and youth to read, write 
and cypher, as they shall judge expedient, to be assessed 
by their assessors in due proportion, and to be collected 
in like manner, with the public taxes. 

And whereas schools for the education of children, in 
the most early stages of life, maybe kept in towns, dis- 
tricts or plantations, which schools are not before partic- 
ularly described in this act ; and that the greatest atten- 
tion may be given to the early establishing just prin- 
ciples in the tender minds of such children, and careful- 
ly instructing them in the first principles of reading : 

9. No person shall be allowed to be a master or mis- 
tress of such school, or to keep the same, unless he or she 
shall obtain a certificate from the Selectmen of such town 
or district where the same may be kept, or the committee 
appointed by such town, district or plantation to visit their 
schools, as well as from a learned minister settled there- 
in, if such there be, that he or she is a person of sober 
life and conversation, and well qualified to keep such 
school. And it shall be the duty of such master or mis- 
tress, carefully to instruct the children attending his or 
her school in reading, (and writing if contracted for) and 
to instil into their minds a sense of piety and virtue, and 
to teach them decent behaviour. And if any person shall 
presume to keep such school, without a certificate as 
aforesaid, he or she shall forfeit and pay the sum of twen- 
ty shillings, one moiety thereof to the informer, and the 
other moiety to the use of the poor of the town, district or 
plantation where such school may be kept. 

10. No person shall be permitted to keep within this 
Commonwealth, any school described in this act, unless 
in consequence of an act of naturalization, or otherwise, 
he shall be a citizen of this or some other of the United 
States ; and if any person who is not a citizen of this or 
some one of the United States, shall presume to keep any 
such school within this State for the space of one month, 
he shall be subject to pay a fine of twenty powids, and a 
proportionable sum for a longer or shorter time ; the one 
half of which fine shall be to the use of the person who 
shall sue for the same, and the other half thereof to the 
use of this Commonwealth. 



SCHOOLS. 193 

ii. AU fines and forfeitures for a breach of this act, 
shall be recovered by bill, plaint, or information before any 
Court proper to try the same ; and all Grand Jurors shall 
diligently inquire and presentment make, of all breaches 
and neglects of this law., 

12. This act shall be in force and operate from and af- 
ter the first day of October next. 

[Passed June 25, L789.] 

An Act in Addition to an Act, entitled, " An Act to pro- 
vide for the Instruction of Youth, and for the promotion 
of good Education. 

THE inhabitants of the several School Districts 
within any town which hath already, or shall hereafter 
define the^limits of such districts, qualified to vote in town 
affairs, be and they are hereby empowered, at any meet- 
ing called in manner hereinafter provided, to raise money 
for erecting or repairing a School-house, in their respec- 
tive districts, to determine in what part of the district to 
erect said house, to choose a Committee to superintend 
the building and repairing the same, and to choose a Clerk 
who shall be sworn faithfully to discharge the duties of 
liis office ; whose duty it shall be, to make a fair record 
of all votes passed at any meeting of the district, and to 
certify the same when required ; also, at any such meet- 
ing, to raise money to procure necessary utensils for their 
respective school -houses, to be certified as aforesaid, and 
assessed in manner as '53 herein after provided. 

Sect. 2. For the purposes aforesaid, every man shall 
be taxed in the district in which he lives, for all the es- 
tate he holds in the town, being under his own actual im- 
provement, and all other of his real estate in the same 
town, shall be taxed in the district in which it is included ; 
and lands, when the owner thereof lives without the town, 
shall be taxed in such district as the assessors, having 
regard to the local situation thereof, shall appoint ; and it 
shall be the duty of the assessors, before they assess a 
tax for any district, to determine in which district such 
lands respectively shall be taxed, and to certify, in writ- 
ing, their determination to the Clerk of the town, who 
shall record the same ; and such land, while owned by 
anv person residing without the limits of the town, shall 
17 



194 SCHOOLS. 

be taxed in such districts until the town shall be district- 
ed anew : Provided however, Thai all the lands within 
any town, owned by the same person not living therein, 
shall be taxed in one and the same district. And the as- 
sessors shall assess, in the same manner as town taxes 
are assessed, on the polls and estates of the inhabitants 
composing any School Districts, defined as aforesaid, and 
on lands in said town, belonging to persons living out of 
the same, which the assessors shall have diiected to be 
taxed in such district, all monies voted to be raised by the 
inhabitants of such district for the purposes aforesaid, in 
thirty days after the clerk of the district shall certify t© 
said assessors the sum voted by the district to be raised 
as aforesaid. And it shall be the duty of said assessors, 
to make a warrant, in due form of law, directed to one of 
the Collectors of the town to which such district belongs, 
requiring and empowering said Collector to levy and 
collect the tax so assessed, and to pay the same, within a 
time to be limited in said warrant, to the Treasurer of the 
town ; to whom a certificate of the assessment shall be 
made by the assessors. And the money so collected and 
paid, shall be at disposal of the Committee of the District, 
to be by them applied for the building or repairing a 
School -house in the district to which they belong. And 
such Collector, in collecting such tax, shall have the same 
powers, and be holden to proceed in the same manner as 
is by law provided in collecting town taxes. 

Sect. 3. The Treasurer of any town, to whom a certi- 
ficate of the assessment of a district tax shall be trans- 
mitted as aforesaid, shall have the same authority to en- 
force the collection and payment of the money so assess- 
ed and certified, as if the same had been voted to be rais- 
ed by the town for the town's use. And the treasurer and 
Collector shall be paid the same commissions on the money 
collected and paid for the use of a School District aforesaid, 
and the Assessors for assessing said tax, shall be allowed 
by the district, the same sum for each and every day while 
employed in assessing the same, as is allowed and paid by 
the town for similar services. 

Sect. 4. It shall be the duty of the Selectmen of the 
several towns divided into School Districts as aforesaid, 
upon application made to them, in writing, by three or 
more Freeholders, resident within any School District in 



SCHOOLS. 195 

their respective towns, to issue their warrant directed to 
one of the persons making such application, requiring him 
to warn the inhabitants of such district, qualified to vote 
in town affairs, to meet at such time and place, in the same 
district, as the Selectmen shall in their warrant appoint. 
And the warning aforesaid, shall be by notifying personally 
every person in the district qualified to vote in town af- 
fairs, or by leaving at their usual places of abode, n notifi- 
cation, in writing, expressing therein the time, place and 
purpose of the meeting, seven* days at least before the time 
appointed for holding the same. And any vote to raise 
money, for the purpose of erecting or repairing a School - 
house, passed by a majority of the inhabitants of a School 
District present at a district meeting, warned and held as 
..foresaid, shall be obligatory on fm inhabitants of said 
School District, to be assessed, levied and collected in the 
manner prescribed by this Act. 

Sect. 5. If the inhabitants of any School District can- 
not agree where to erect a School -house, for the accommo- 
dation of the same, the Selectmen of the town to which 
such district belongs, upon application made to them by 
the Committee of the District, are hereby authorized and 
empowered to determine on the place Where a School- 
house, for the use and accommodation of the district, shall 
be erected. 

[This Act passed February 28, 1800.] 

THE additional act of 1802, chap. 11, provides, 
chat the inhabitants of the several school districts, as men- 
tioned in the act to which this is in addition, be empower- 
ed to raise money at any legal meeting called for that 
purpose, to purchase any house or building to be usfid as 
a school-house ; and also to purchase land' for the school- 
house of the district to stand upon. 

*tn act supplementary to the acts respecting School Dis- 
tricts. 

WHEREAS it sometimes may happen that the 
sums assessed on the several persons in a School Dis- 
trict cannot be collected of them, and doubts have arisen, 
whether, in such case, the assessors are authorised by 
Uw to<remit such taxes Therefore. 



196 SCHOOLS, 

Be it enacted, That the assessors of the several towns 
and districts in this Commonwealth, be, and they hereby 
are vested with the same powers to remit sums of money 
assessed on the inhabitants of any School District, for the 
purpose of purchasing, building, repairing or furnishing 
school houses, as they have to remit any sums of money 
assessed on the inhabitants of any town or district, for 
defraying town or district expenses. 

[This act passecj June 21, 1811.] 

The additional act of 1814, chap. 142, provides, that 
whenever a meeting of the Inhabitants of any school dis- 
trict, shall be called conformable to the act to which this is 
in addition, for the purpose of building or repairing any 
school-house in the said district, and a majority of the vot- 
ers present are opposed to the biiildiilg or repairing nec- 
essary to be made, as stated in the warrant by which said 
meeting was called, it shall be lawful for any five or more 
of the freeholders, who are inhabitants of said school dis- 
ivict, to make application in Writing to the selectmen of 
trie town in which such school district is situated, request- 
ing them to insert in their warrant for calling the next 
town meeting, an article, requiring the opinion of the town 
relative to the building or repairing, or the procurement 
of any utensils for the school-house, as proposed in the 
meeting of said school district ; and if a majority of the 
voters present in said town meeting shali think the build- 
ing or repairing necessary and expedient, they shall then 
ajrant such a sum of money as they shall think necessary 
for the defraying the expense of such building or re- 
pairing, and the same shall be assessed on the polls and 
estate of the inhabitants of said district, and collected in 
manner and form as is provided in the act, entitled " an 
act in addition to an act, entitled an act to provide for the 
instruction of youth, and for the promotion of good edu- 
cation." (Feb. 28,1815.) 

The additional act of 1817, chap. 14. makes each school 
district a body corporate, so far as to bring and maintain 
any action, on any agreement, made with any person.or 
persons, for the non-performance thereof, or for any damage 
done to their school houses, and be liable to have any action 
brought and maintained against them for the non-perform- 
ance of any contract by them made. 



SCHOOLS. 19* 

Sect. SS The Said corporation shall have power to take 
and hold in fee simple or otherwise, any estate, real or 
personal, which has been or may be given by any person 
or persons, for the purpose of supporting a school or 
schools in said district, and to apply the same for the pur- 
poses aforesaid, and may prosecute and defend any suit 
or suits relative to the same. (Passed June 13, 1817.) 

The statute of 1821, chap. 99, provides, that any mem- 
ber of any school district shall and may be admitted as a 
competent witness, and his deposition used in the same 
manner as inhabitants of towns, districts, precincts, or 
parishes, or religious incorporated societies, are by law 
now admitted, and their depositions used. (Passed Feb* 
22, 1822.) 

The lands of a resident owner, in his own occupation 
to be assessed for the use of the district in which he lives ; 
and his lands in the occupation of a tenant shall be as- 
sessed in the district in which the tenant lives ; and these 
provisions are not controlled by the discretionary powers 
given to the assessors in the general tax act. 5 Mass. 
Hep. 380. 8 Mass. Rep. 93. But the lands of a non- 
resident owner the assessors may assign to such district 
as will best equalize the property among the districts ; 
but when this assignment is once made, it is not to be al- 
tered so long as the land remains in the same owners. 

A town may form new districts, or alter the limits of 
the whole or any part, or subdivide any existing district. 

A school district, after having voted to raise money to 
build a school house, may before assessment, rescind their 
vote. So, if the limits of the district are altered after 
money voted and a new district be formed, the vote to raise 
the money is annulled, and the collector cannot proceed to 
collect the tax. 



I? : 



SELECTMEN. 

3 . When to be Assessors* 

2. When to be Overseers of the poor. 

S. To call meetings and preside at Elections. 

4. To license auctioneers. 

5. To appoint measurers of wood, persons to meas- 
ure coal baskets and sealers of weights and mea$~ 
ures. 

6. Engine men. 

7 . Watch and ward. " 

8. Licensed persons. 

9. When to bind out children. 

10. Complain of spendthrifts and certify as io ide- 
ots, $-c. 

IT. Perambulate town lines. 

12. Highways, schools, contagious diseases. 

13. Tofx places for guide posts. 

14. Jurors. 

1 5. To return annually to the eommander of the reg- r . 
iment, a schedule of their military stores. 

I6e To take care that tithingmen are chosen-* 






SELECTMEN. 199 



1. When to be Assessors. 

THE statute of 1785, chap. 50. sect 2. provides, 
That if any town shall not choose assessors, or if so many 
of them chosen shall refuse to accept, as that there shall 
not be the number voted by the town to be assessors there- 
of, then the Selectmen shall be the assessors ; and every 
one of them shall be sworn to the discharge of the trust. 

2. When to be Overseen^s of the Poor. 

BY the statute of 1785, chap. 75. sect. 2. the Se- 
lectmen to be overseers of the poor, where other persons 
shall not be particularly chosen to that office, (which any 
town may do, if they shall think it necessary and conve- 
nient.) 

5. To call Meetings and preside at Elections. 

ELECTIONS. 

THE Selectmen, before entering on the duties of 
their office, shall take an oath, or if they have conscien- 
tious scruples, an affirmation, according to law, before 
some Justice of the peace, or the clerk of the town where- 
of they are Selectmen, faithfully and impartially to dis- 
charge the duties of their office respecting all elections, 
and the returns thereof; and a certificate of said oath or 
affirmation shall be recorded in the record of such town, 
accordingly, (Statute of 1806, chap. 26. sect. 4.) 

OATH. 

YOU do severally swear, that you will faithfully 
and impartially discharge the duties of the office of Select- 
man to which you have been elected, respecting all elec- 
tions, and the returns thereof. So help you God. 



200 SELECTMEN. 



Jin Jlct for regulating Elections. 

THE inhabitants of every corporate town having 
a right to choose a representative or representatives in the 
legislature of this Commonwealth, shall be convened for 
that purpose annually in the month of May, ten days at 
least before the last Wednesday of the same month, by 
the Selectmen of such town or the major part of them*. 
And it shall be the duty of such Selectmen, to summon 
and notify such meeting in the manner there legally es- 
tablished for calling other town meetings; and the Select- 
men present shall preside in such meeting, and shall regu- 
late the same, and shall openly receive, sort and count 
the written votes which shall there be given by the inhabi- 
tants present, qualified to vote for representatives ; and 
shall forthwith publicly declare who is or are the person 
or persons elected; and shall cause the election to be re- 
corded in the town records, together with the whole num- 
ber of votes given in, and for whom they were given ; and 
shall cause the person or persons so elected, to be notifi- 
ed thereof, by a constable of the town, or any other per- 
son specially authorised for that purpose by the Selectmen, 
within three days next afterwards ; and the Selectmen 
present, orthe major part of them, shall make and sign a 
certificate and return of such election, and shall cause the 
same to be delivered into the office of the Secretary of the 
Commonwealth, on or before the last Wednesday of the 
same month ; or such election shall be certified to the 
house of representatives to their acceptance ; and such 
certificate may be in the form following, viz. 

Commonwealth of Massachusetts. 
C ounty oi Pursuant to a law of this Common- 

wealth, the freeholders and other inhabitants of the 
town of , qualified according to the constitution, 

having been duly convened in town meeting, on the 
day of May current, for the choice of represen- 
tatives in the legislature of this Commonwealth, did 
then and there elect A. B. being an inhabitant of said 
town, to represent them in the General Court, to be 
convened and holden on the last Wednesday of the same 
month. Dated at . the day of , 



( . 



SELECTMEN. 201 

in the year of our Lord, 179 , and iu the year 

of the Independence of the United States. 

Selectmen of 
The person chosen as aforesaid, was notified, thereof and 

summoned to attend, by me 

Constable of 

And where the Selectmen of any town, entitled to 
choose a representative as aforesaid, shall neglect to no- 
tify a meeting, or to preside or proceed therein as by this 
act is required : And where any town clerk shall refuse 
or neglect his duty therein, to the prejudice of the rights 
of the electors, each and every Selectman and the town 
clerk so offending therein, shall respectively forfeit a sum 
not exceeding eighty dollars, nor less than forty dollars, 
according to the aggravation of the offence, upon convic- 
tion thereof. 

2. The Selectmen of any corporate town or district, and 
the assessors of any unincorporated plantation in the sev- 
eral counties of this Commonwealth, who shall neglect to 
call meetings of the inhabitants and others privileged 
there to vote for the election of Governor, Lieutenant 
Governor, Counsellors and Senators, and to give due 
warning of the time and place of such meetings as requir- 
ed by the constitution of this Commonwealth, or who shall 
refuse or neglect to preside in any such meetings, or to re- 
ceive the votes of the qualified electors present, or who shall 
neglect to ascertain, declare and certify the number of 
votes, or who shall wilfully make any false declaration 
or certificate thereof, to the prejudice of the rights of the 
electors, shall forfeit a sum not exceeding eighty dollars, 
nor less t\mn forty dollars, to be recovered from each Se- 
lectman or assessor who shall offend in the premises, ac- 
cording to the aggravation of each offence. And every 
town clerk, and the clerk or assessors of any unincorpo- 
rated plantation, present at any such meeting, who shall 
neglect or refuse to make a fair record of the votes, or a 
fair copy of such record, or to attest the same, or who 
shall refuse or neglect to make due and seasonable return 
thereof to the sheriff of the county, or into the Secretary's 
office, as required by the constitution of this Common* 
wealth, shall forfeit a sum not exceeding eighty dollars, 
nor less than forty dollars, for each offence 

3. The Selectmen and Assessors, authorised and re- 
quired to preside in any meeting of a trim or plantation 



202 SELECTMEN. 

which shall be convened for the election of Governor, 
Lieutenant Governor, Counsellors and Senators, Electors 
of the President of the United States, Representatives in 
Congress, or Representatives in the Legislature of this 
Commonwealth, shall have all the powers which are legally 
vested in the moderator of town meetings for the regula- 
tion thereof. 

And in such meetings the selectmen or assessors pre- 
siding shall have power, and it shall be their duty to pre- 
vent and refuse the vote of any person not qualified to be 
an elector, whose qualifications shall be determined ac- 
cording to the constitution of this Commonwealth, or the 
constitution of the United States, as the case may be. 

4. Any elector who shall give in more than one vote in 
any one election, and any person who shall be disorderly 
in any such meeting, shall forfeit a sum not exceeding 
twenty dollars, nor less than ten dollars, according to the 
difference and aggravation of each offence. 

o. If any Sheriff, when required by law to make re- 
turn to the Secretary's Office, of the votes of the towns 
and plantations, or districts in their several precincts, for 
any election as aforesaid , shall neglect to make such re- 
turn within the time prescribed, he shall forfeit and pay a 
sum not exceeding Jive hundred dollars, nor less than 
fifty dollars for each offence. 

#. All forfeitures incurred by any breach of this acV 
may be recovered by indictment, or by action of debt, in 
the name and to the use of the Commonwealth, to be 
found or brought in any Court proper to try the same. 

7, An act passed in April, in the year of our Lord, one 
thousand seven hundred and eighty one, entitled " An act 
empowering the selectmen to call town meetings for the 
choice of Representatives ; and an act, passed March 
eighteenth, one thousand, seven hundred and eighty eight, 
entitled " An act to prevent neglect in sheriffs, selectmen 
and town clerks respectively, in not calling and presiding 
at town meetings, receiving and returning the votes for 
Governor, Lieutenant Governor, Senators and Counsel- 
lors, as is pointed out by the constitution of this Com- 
monwealth," be, and the same are hereby repealed : Pro* 
vided however, that the said acts shall continue and be in 
force tor the recovery of any penalties or forfeitures aU 
ready incurred by any person for the breach thereof. 
[Passed February 24, 1796.] 



SELECTMEN. 20S 

Jin Act in addition to the several acts for regulating 

Elections, 

IT shall be the duty of the Assessors of each 
town and district within this Commonwealth, on or be- 
fore the first day of March, annually, to make out and de- 
liver to the Selectmen thereof, a correct and alphabetical 
list of all such inhabitants of their respective towns or 
districts, as shall appear to them qualified by the Consti- 
tution of this Commonwealth, or of the United States re- 
spectively, to vote for Governor, Lieutenant Governor, 
Senators, Representatives in the General Court, or Rep- 
resentatives in Congress ; which list, it shall be the duty 
of such town or district, at any time within ten days then 
next following, to revise and correct, as to them shall ap- 
pear necessary, so that the same shall, in their opinion, be 
a complete list of such of the inhabitants within their 
respective towns or districts, as shall be constitutional- 
ly qualified to vote in the elections aforesaid. And the 
Assessors of every plantation are alike required to furnish 
themselves with like lists, on or before the tenth day of 
March, annually ; and it shall be the duty of the Select- 
men of the several towns and districts, and the Assessors 
of plantations aforesaid, respectively to publish the said 
lists within their respective towns, districts or plantations, 
by causing true copies thereof to be posted up at two 
or more public places in such towns, districts or planta- 
tions, fourteen days at least before the first Monday in 
April, annually ; and it shall also be the duty of the Se- 
lectmen of such towns or districts, and the Assessors ot 
such plantations, to be provided with, and have a complete 
list as aforesaid, at every meeting for the choice of Gov- 
ernor, Lieutenant-Governor, Senators, Representatives of 
the General Court, or Representatives of Congress ; which 
list shall at all times be so corrected, previous to the 
openingany such meeting, as to representee qualified vot- 
ers for the particular election then to be made ; and no 
such meeting shall be opened at an earlier hour than elev- 
en of the clock in the forenoon of the day of election ; 
•and it shall be the duty of sue- Selectmen or Assessors to 
be in session at some convenie: place, immediately pre- 
ceding such meeting, for so long time as they shall judge 
necessary to receive evidence of the qualifications of per- 



204 SELECTMEN. 

sons whose names have not been entered on the list pub- 
Fished as aforesaid ; and of the time and place of such 
meeting, public notice shall be given at the time the lists 
are published as aforesaid. 

Sect. 2. Whenever a meeting is holden in any town 
or place, for the purpose of choosing persons for Counsel- 
lors and Senators, the Selectmen or Assessors, presiding 
at such meeting, be, and hereby are directed to call on 
the voters in such meeting, qualified for choosing such of- 
ficers, requiring each of them to give in their votes on one 
list for as many different persons as are then to be chosen 
to the same office. 

Sect. 3. If any person at any meeting for an election 
for any of the officers aforesaid, shaU knowingly and design- 
edly give in more than one vote or list, at any one time of bal- 
loting at any such election, he shall, in addition to the fine 
already provided by law, against any elector giving more 
than one vote in any election, forfeit and pay a fine not 
exceeding thirty dollars* 

Sect. 4. No person shall be permitted to give in his 
vote at any meeting of a town, district or plantation, hol- 
den for an election to any of the offices aforesaid, until 
the Selectmen of such town or district, or the Assessors 
of such plantation, presiding at such election, shall have 
had opportunity to inquire his name, and found the same 
in the list aforesaid ; and any person wilfully voting con- 
trary to the provision of this Act, or who shall give any 
false answer to such Selectmen or Assessors, being duly 
thereof convicted, shall forfeit and pay a fine not exceeding 
twenty dollars for each and every offence, according to the 
nature and aggravation thereof. 

Sect. 5. If any Selectman or Assessor of any town or 
district, or the Assessors of any plantation shall knowing- 
ly and corruptly neglect, or refuse to comply with, or to 
perform the several duties respectively required of him or 
them, as pointed out in and by this Act, he shall, for each 
and every such offence, forfeit and pay a fine not exceed- 
ing fifty dollars, according to the nature and aggravation 
thereof. 

Sect. 6. All fines and forfeitures for any breach ^f 
this Act, may be recovered by indictment, before the Su- 
preme Judicial Court, or by action of debt before any 
Court proper to hear and determine the same ; one half 



SELECTMEN. 305 

to the use of this Commonwealth, and the other half to 
the use of any person who shall prosecute or sue for the 
same. 

Sect. 7. This act shall be in force from and after the 
first day of July next. 

[This act passed March 7, 1801.] 

The additional act of 1802, chap. 116. section 1. pro- 
T'ides, That it shall be the duty of the assessors of each 
town and district within this Commonwealth, on or before 
the first day of March, annually, to make out and deliver 
to the Selectmen thereof a correct and alphabetical list of 
all such inhabitants of their respective towns or districts, 
as shall appear to them qualified by the constitution of 
this Commonwealth or of the United States, respectively 
to vote for Governor, Lieutenant-Governor, Senators, 
Representatives in t\^ General Court or in Congress ; 
which list it shall be the duty of the Selectmen of such 
town or district, at some time within ten days then next 
following, to revise and correct, as to them shall appear 
necessary, so that the same shall, in their opinion, be a 
complete list of such of the inhabitants within their re- 
spective towns or districts as shall bs constitutionally 
qualified to vote in the elections aforesaid : and the asses- 
sors of every plantation are alike required to furnish 
themselves with like lists, on or before the tenth day of 
March annually ; and it shall be the duty of the Selectmen 
of the several towns and districts, and the assessors of 
plantations aforesaid, respectively, to publish the said 
lists within their respective towns, districts or plantations, 
by causing true copies thereof to be posted up at two or 
more public places in such towns, districts or plantations, 
fourteen days at least before the first Monday in April 
annually; and it shall also be the duty of the Selectmen 
of such towns or districts, and the assessors of such plan- 
tations, to be provided with, and have a complete list as 
aforesaid, at every meeting for the choice of Governor, 
Lieutenant-Governor, Senators, Representatives in the 
General Court or in Congress; which list shall be so cor- 
rected, previous to the opening of any such meeting, as to 
contain ail the qualified voters for the particular election 
then to be made ; and no such meeting shall be opened at 
an earlier hour than eleven of the clock of the forenoon of 
18 



206 SELECTMEN. 

the day of election ; and it shall be the duty of such Se- 
lectmen or assessors to be in session at some convenient 
place, immediately preceding such meeting, for so long 
time as they shall judge necessary, to receive evidence of 
the qualifications of persons whose names have not been 
entered on the list published as aforesaid, and to give pub- 
lic notice of the time and place of such meeting, when 
they publish the said lists as before directed. 

Sect. 2. The first section of the act to which this is 
an addition, be, and the same hereby is repealed. 
[This act passed March 7, 1803.] 

An Act in addition to an Act, entitled, " An Act in addition 
to an Act, entitled, an Act in addition to the several Acts 
for regulating Elections, and for repealing the first sec- 
tion of said Act 

ANY meeting mentioned in the first section of the 
act, entitled, " an act in addition to an act, entitled an act 
in addition to the several acts for regulating elections, and 
for repealing the first section of said act," passed March 
the seventh, one thousand eight hundred and three, in 
any town where the^ number of qualified voters shall ex- 
ceed five hundred, may be opened at an earlier hour than 
eleven of the clock in the forenoon of the day of election, 
at the discretion of the Selectmen of such town ; anything 
in said act to the contrary notwithstanding. 

Sect. 2. In any town, where the number of qualified 
voters shall exceed one thousand, it shall be the duty of 
the Selectmen of such town to be in session at some con- 
venient place, on the day immediately preceding such 
meeting ; and when this shall happen on Sunday, then on 
the Saturday immediately preceding such meeting, and 
for a time as much longer, previous to said day, as they 
shall judge necessary, to receive the evidence of the quali- 
fications of persons mentioned in the first section of the 
act to which this is an addition. 

[This act passed March 15, 1805.] 



SELECTMEN. £07 



dh Mt in aldition to the several Acts regulaling Elec- 
tions. 

IT shall hereafter be the duty of the Selectmen, 
and of the town or district Clerks, in the several towns or 
districts within this Commonwealth, and of the Asses- 
sors of plantations, which are entitled by the Constitution 
to the privilege of voting for Governor and Lieutenant- 
Governor, and for Senators and Counsellors for their re- 
spective districts, to make and seal up a separate list of 
the persons voted for as Governor and Lieutenant-Gover- 
nor, in the several towns, districts, or plantations, and 
transmit the same to the Secretary of the Commonwealth 
or to the Sheriffs of their respective counties, according to 
the provisions of the Constitution. And when the said 
lists shall be received at the office of the Secretary, the 
seals thereof shall not be broken ; but the same shall be 
safely kept entire, as they were received, until delivered 
by him to the branches of the General Court, at the com- 
mencement of their next session, to be by them examined, 
agreeably to the Constitution. 

Sect. 2. It shall further be the duty of the several Se- 
lectmen, Clerks and Assessors aforesaid, to make and seal 
up a separate list of the persons voted for as Counsellors 
and Senators, in the several towns, districts and planta- 
tions, and transmit the same to the Secretary of the Com- 
monwealth, or to the Sheriffs of their respective counties, 
according to the provisions of the Constitution. And 
when the said lists shall be received at the office of the 
Secretary, the seals thereof shall not be broken; but the 
same shall be safely kept entire, as they were received, 
until delivered by him to the Governor and Council, or 
to the executive authority of the Commonwealth, for the 
time being, to be by them examined agreeably to the Con- 
stitution. 

Sect. S. When the returns of votes from the several 
towns, districts and plantations, within this Common- 
wealth, for Representatives in Congress for their several 
districts, shall be received in the Secretary's office, the 
seals thereof shall not be broken ; but the same shall be 
safely kept entire, as they were received, until delivered 
by him to the Governor and Council, or to the exec utive 



£08 SELECTMEN. 

authority of the Commonwealth, for the time being, to be 
i by them examined agreeably to the law. 

Sect. 4. The Selectmen of the several towns and dis- 
tricts, and the Assessors of the several unincorporated 
plantations, as aforesaid, shall hereafter, before entering 
on the execution of their respective offices, take an oath ? 
or if they have conscientious scruples, an affirmation, 
according to law, before some Justice of the Peace, or the 
Clerk of the town, district or plantation, whereof they 
are Selectmen or Assessors, faithfully and impartially to 
discharge the duties of their office respecting all elections, 
and the returns thereof; and a certificate of said oath or 
affirmation shall be recorded in the records of such town, 
district or plantation accordingly. 

[This Act passed June 24, 1806.] 

An act hi addition to the several Laws regulating Elections* 

THE assistant assessors in any town wherein such 
officers are, or may by law be chosen, shall, before enter- 
ing on the duties ©f their respective offices, be sworn to 
the faithful discharge thereof; and shall have the same 
powers, and they are hereby required to perform the 
same duties in their several wards, in collecting and mak- 
ing lists of all such inhabitants as are qualified to vote in 
any election, and also of all rateable polls, as assessors 
are by law required to do and perform. 

[This act passed March 6, 1810.] 

If the Selectmen, from ignorance of the law or from 
corrupt motives reject the vote of a qualified voter, they 
are liable in damages to the party injured. 11 Mass. 
Rep. 350. 

The law of 1 809, chap. 9. sect. 3. imposes a penalty 
of twenty dollars on any selectman presiding at any 
town meeting, for reading, examing, or permitting any 
one to read or examine the ballot or ticket of any voter, 
with a view to ascertain the name of the candidate voted 
for. without the consent of such voter. 

The act of 1813, chap. 68. provides, sect. 3. That if 
any person knowing himself not qualified to vote for Go- 
vernor, &c. and town officers shall wilfully give in, or at- 
tempt to give in a vote or ballot for any of the same, then 



, 



SELECTMEN. 209 

voted for, at any such meeting, shall forfeit a sum not ex-* 
ceeding 50 dollars ; and any person who shall wilfully 
aid and abet any person in voting, or attempting to vote, 
as aforesaid, shall forfeit a sum not exceeding 30 dollars. 
Sect. 4. No person shall vote until the presiding of- 
ficer has time to inquire and check his name on the list. 
Any person offending or giving a false answer or name, 
shall forfeit not exceeding 30 dollars. 

A\ To license auctioneers. 

See title Auctioneers. 

5. To appoint measurers of wood, coal baskets, and 
sealers of weights, Sfc. 

AS to measurers of wood and coal, see title Wood 
and Coal Measurers ; and as to sealers of weights, &c. 
see title Sealers of Weights and Measures. 

6. Engine men. 

Ah Ad empowering the Selectmen of such towns where 
there may he Fire Engines, to appoint Engine-men ; 
and repealing the laws heretofore made for that purpose. 

WHEREAS it is of importance that provision 
should be made to render the use of engines for extin- 
guishing fires as beneficial as possible : 

Ssot. 1. The Selectmen of such towns in this Com- 
monwealth as are or may be provided with a fire-en- 
gine, or engines, be and they are hereby empowered, if 
they jud^e it expedient, as soon as may be after the pass- 
ing of this act, to nominate and appoint a number of suit- 
able'persons not exceeding fifteen, (21. law of 1805. chap. 
82.) to one engine, for Engine Men ; who shall continue 
in said office, during the pleasure of such Selectmen ; which 
Engine-Men shall be, and they are hereby authorized and 
empowered, to meet together some time in the month of 
May annually ; at which meeting, they shall have author- 
ity to choose a master, or director and clerk of the said 
engine; and establish such rules and regulations, respect- 
18* 



210 SELECTMEN. 

ing their duty as Engine-Men, as shall be approved by the 
Selectmen, and to annex penalties to the same, which may 
be recovered by the clerk of said Engine-Men, before any 
Justice of the Peace in the same county : Provided, No 
penalty shall exceed Forty Shillings, and that such rules 
and regulations shall not be repugnant to the laws of this 
Commonwealth. 

Sect. £. The respective companies of Engine-Men, 
who may be nominated and appointed, in pursuance of 
this Act, shall be held and obliged to meet together once 
a month, and oftener if necessary, for the purpose of exam- 
ining the state of the engine to which they belong, and the 
appendages belonging to the same, and seeing that the said 
engine is in good repair, and ready to proceed on any 
emergency to the relief of any part of the community that 
may be invaded by the calamity of fire ; and the said En- 
gine-Men appointed as aforesaid, shall be held and oblig- 
ed to go forward, either by night or by day, under the 
direction of the Firewards in the same town, and to use 
their best endeavours to extinguish any fire that may hap- 
pen in the same town, or the vicinity thereof, and 1 ' shall 
come to their knowledge, without delay. 

And whereas there may, in some towns, be an engine 
or engines the property of individuals, who would in- 
cline the same might be employed for the benefit of the 
said town, subject to the like regulations and privileges 
as though the said engine or engines appertained to the 
said town : 

Skct. S. Whenever the proprietor or proprietors of 
any engine or engines shall apply to the Selectmen of any 
town in which the said engine or engines may be, setting 
forth, that they have such engine or engines which they 
are desirous should be employed for the benefit of the said 
town, the Selectmen of such town, upon application as 
aforesaid, may appoint Engine-Men in the same manner, 
with the same privileges, and subject to the same regula- 
tions, as though the said engine or engines were the prop- 
erty of the said town. 

Sect. 4. The persons who may be appointed Engine- 
Men in pursuance of this Act, shall be and they are here- 
by exempted from common and ordinary military duty, 
$nd from serving as Jurors* or in the office of a Constable. 



SELECTMEN. 21* 

during the time they may be employed in the service 
aforesaid. 

Sect. 5. If any person, being appointed in manner 
herein before directed, shall, in the opinion of the said 
Selectmen, be negligent and remiss in the duties requir- 
ed of him, as an Engine-Man, by this Act, it shall be the 
duty of the Selectmen in the same town, upon sufficient 
evidence thereof, to discharge him from said company, 
and proceed to appoint another Engine-Man in his room, 
in the manner herein before directed. 

Sect. 6. All the Acts heretofore made, providing for 
the appointment of Engine-Men, be and they are hereby 
repealed. 

[This Act passed February 7, 17S6J] 

An Act in addition to an Act, entitled, *' An Act em-pow- 
ering the Selectmen of such towns where there may be 
Fire-Engines, to appoint Engine-Men, and repealing 
the laws heretofore made for that purposed 

Sect. 1. THE Selectmen of the several towns in 
this Commonwealth be, and they hereby are respectively 
authorized and empowered, if they shall judge it expedi- 
ent, to nominate and appoint, from time to time, from and 
after the passing of this act, any number, not exceeding 
six men to each engine, in addition to the number of fif- 
teen men now authorized by the act to which this is in ad- 
dition, amounting to twenty-one men for each engine. 

Sect. 2. The Selectmen of the several towns in this 
Commonwealth be, and they hereby are respectively au- 
thorized and empowered, if they shall judge it expedient, 
to nominate and appoint, from time to time, from and af- 
ter passing of this act, any number, not exceeding four 
men to each engine, in addition ta the said number 
of twenty -one men : Provided however, That such 
addition be made with the consent of the command- 
ing- officers of the respective military companies from 
which such additional number may be taken : And provid- 
ed also, that no military company be thereby reduced un- 
der the number prescribed by law : And all engine-men 
appointed in pursuance of this act, shall continue in office 
during the pleasure of the Selectmen of the several towns, 
whereto they may belong, and shall enjoy all the privilege 



212 SELECTMEN. 

es and exemptions to which other engine-men are or may 
hereafter be by law entitled. 

Sect. 3. The said Selectmen may, in their discretion, 
select from the engine-men aforesaid, any number for 
each engine in their respective towns, whose duty it shall 
be, under the direction of the firewards, to attend fires 
therein, with axes, firehooks, firesails and ladders, and 
who shall do such further duty as the said Selectmen shall 
from time to time prescribe, and shall be entitled to all 
the exemptions and privileges aforesaid. 

[This act passed March 8, 1806.] 

By the law of 1808, chap. 25. towns may by vote ex- 
cuse Engine men, legally attached to any engine, from 
serving as Jurors if they think it expedient. 

7. Watch and Ward. 

dn Act for keeping Watches and Wards in towns, and 
for preventing disorders in streets and public places. 

ALL male persons of the age of eighteen years or 
upwards, being able of body, or having estate sufficient to 
hire, shall, in their respective towns and districts, be lia- 
ble to watch and ward, either in their own persons, or by 
gome other sufficient person or persons in their room 3 
when duly warned to attend the same in the mar.ner here- 
in after mentioned, except all persons who shall live more 
than two miles from the place where the watch or ward is 
kept, except also, the Justices of the Peace and the Select- 
men of the town or district, and the Sheriff of the county* 
and settled Ministers of the gospel. 

2. When and so often as a military watch shall not be 
appointed to be kept, the Justices of the Peace, (qualified 
to act) together with the Selectmen of each town and dis- 
trict in this Commonwealth, and in such towns and dis- 
tricts where no Justice of the Peace so qualified dwells, 
the Selectmen alone shall have power from time to time, 
to direct and order a suitable watch or watches to be kept 
nightly within such town or district, from and after nine 
o'clock in the evening until sunrising in the morning, and 
also, a ward to be kept in the daytime and evenings, when 
they shall think the same watch or ward necessary ; and to 



SELECTMEN. 213 

appoint the number of persons whereof the same shall con- 
sist, the place or places wherein they shall be kept, and 
the hour or hours for keeping the same ; and to give or- 
ders in writing accordingly, signed by a major part of 
such Justices and Selectmen, or Selectmen alone, as the 
case may be, directed to any constable or constables of 
the town or district, empowering and requiring him or 
them, from time to time, to warn such watch or ward, and 
to see that all persons so warned by him or them do at- 
tend and do their duty in such manner as shall be requir- 
ed ; and in the warning thereof, to take care that some 
able householders or other sufficient persons be joined in 
each watch or ward. And such constable or constables, 
shall charge the watch to see that all disturbances and 
disorders in the night be prevented and suppressed ; and 
to examine all persons whom they shall see walking a- 
broad in the night after ten o'clock, and whom they shall 
have reason to suspect of any unlawful intention or design, 
of their business abroad at such season, and whither they 
are going ; and in case they give not reasonable satisfac- 
tion therein, then to secure, by imprisonment or other- 
wise, all such disorderly and suspicious persons, to be 
safely kept until morning ; then to carry them before ane 
of the next Justices of the Peace, to be examined and pro- 
ceeded against according to the nature of their offences 
as is by law directed. And such Watchmen shall walk 
the rounds in and about the streets, wharves, lanes and 
principal inhabited parts within such town or district, to 
prevent any danger by fire, and to see that good order is 
kept, taking particular observation and inspection of all 
houses and families of evil fame, and shall strictly observe 
the charge to be given them as aforesaid. And each con- 
stable, when attending watch or ward, shall carry with 
him the usual badge of his office. 

S. In any town wherein the said Justices and Select- 
men, or Selectmen alone (as the case may be) shall judge 
that a watch may be kept more for the benefit and safety 
thereof, in any other manner than is herein before direct- 
ed ; and the inhabitants thereof shall agree to support the- 
charge of the same, the Justices in the Court of General 
Sessions of the Peace within the county wherein such 
! town lies, upon application made, are hereby empowered 
to direct and order the rule for apportioning and levying 



*» 



214 SELECTMEN. 

such sum upon the inhabitants and residents in suchtovvu; 
as shall be granted by the town for that purpose, in such 
manner as they shall judge most equal and just, by poll, 
estate, or both, to be applied accordingly. 

4. Whenever a watch shall be so appointed and agreed 
upon, different from a constable's watch, the number and 
qualifications of the persons whereof it shall consist, shall 
also be agreed upon by the said inhabitants of the town, 
observing the rule prescribed in the first section of this 
act; and one sober, discreet, able bodied householder 
shall be appointed officer of the watch, by said Justices 
and Selectmen, or Selectmen alone, (as the case may be) 
to take the charge and command of such watch, who, as 
the badge of his office, shall carry a quarter pike, with a* 
spire on the top thereof; and every watchman, as well in: 
this as in the constable's watch, shall carry a staff with a 
bill fastened thereon, as is usuaL And the powers and 
duties of the said officer and watchmen shall be the same 
as are before prescribed in the second section of this act*, 
in the case of a constable's watch. 

5.1f any person, liable to watch or ward as aforesaid, be- 
ing duly warned by the officer of the watch or constable*, 
or by other person appointed by such officer or constable, 
shall refuse or neglect to appear and attend his duty in 
that respect, either by himself or some other sufficient 
person in his stead, and be thereof convicted before a Jus- 
tice of the Peace, either by the oath of the Constable, of- 
ficer or other sufficient testimony on oath, without a just 
and reasonable excuse to be made and given for the same, 
he shall forfeit and pay, for each offence, the sum of one 
dollar, to the use of the poor of the town or district; the 
same, with costs of prosecution to be levied by distress 
and sale of the goods and chattels of such offenders, or 
otherwise be committed to prison until the same shall be 
paid. And if any constable or officer of the watch shall 
neglect or refuse to observe and perform the orders he- 
shall from time to time receive, he shall forfeit and pay to 
the use of said poor, a sum not exceeding ten dollars, to 
be levied as aforesaid. 

6. When the said Justices of the Peace and Selectmen, 
shall think fit to walk by night to inspect the order of the 
town wherein they dwell, such of said constables and. 



SELECTMEN. 215 

watchmen shall attend them as shall be required to do the 
same, and obey their lawful commands* 

7. The fee to the gaoler for each person taken up in the 
night and committed to be secured only till the next day, 
shall be twenty jive cents and no more. 

8. Licensed Persons. 

Jin act for the. due regulation of Licensed Houses. 

NO person whosoever may presume to be a com- 
mon victualler, innholder, taverner, or seller of wine, 
beer, ale, cider, brandy, rum, or any strong liquors, by re- 
tail, or in a less quantity than twenty-eight gallons, and 
that delivered and carried away all at one time, except 
such person be first duly licensed according to law by the 
Justices of the Peace of the same county where such per- 
son lives, in General Sessions assembled, according to the 
regulations hereafter expressed ; on pain of forfeiting the 
sum of Twenty Pounds ; and if any person shall, at any 
time, sell any spirituous liquors, or any mixed liquors, 
part of which is spirituous, without license therefor duly 
had and obtained according to law, he shall forfeit and pay 
for each offence a sum not exceeding Six Pounds, nor 
less than Forty Shillings ; w T hich fine or forfeiture, as al- 
so the file or forfeiture aforementioned, shall enure one 
half thereof to the informer, the other half to the county 
where such offence is committed. 

Sect, 2. All licenses shall be yearly renewed ; and 
that the cleric of the peace in the respective counties, from 
time to time, annually, before the granting licenses, shall 
transmit to the Selectmen of every town and district with- 
in the county, a list of the names of the persons in such 
town or district that were licensed the year before : and 
that licenses shall not be renewed to any person borne on 
such list, unless the Selectmen of such town or district 
shall have considered the same, and made return thereof 
to the clerk of the peace of the county to which they re- 
spectively belong, certifying thereon as follows, viz. 
WE, the subscribers, Selectmen of the town (or district) 
of do hereby certify, that we have maturely 

considered the returned list of such persons as were li- 



2l& SELECTMEN. 

censed the year past, and, to the best of our knowledge, 
the following persons named therein have maintained 
good rule and order in their respective houses or shops, 
and have conformed to the laws and regulations respect- 
ing licensed persons, and are firmly attached to the con- 
stitution and laws of this Commonwealth. 
And no person shall have his license renewed unless 
his name be inserted in such certificate, or in another of 
the same tenor. 

And no person, after the first day of June, one thou- 
sand seven hundred and eighty-seven, shall be licensed to 
bfe a victualler, innholder, taverner, or retailer of spiritu ou s 
liquors, until he has taken an oath in the following words : 
I, A. B. do swear, that I will bear true faith and allegiance 
to the Commonwealth of Massachusetts, and that I will 
to the utmost of my power, defend the constitution and 
government thereof, against traitorous conspiracies, and 
all hostile and violent attempts whatsoever. 
"Which oath may be administered by the clerk of the 
Court of General Sessions of the Peace, or by any Justice 
of the Peace, or any town or district clerk, in such towns 
or districts wherein no Justice of the Peace dwells. And 
the Justice or clerk who may administer such oath, shall 
make certificate thereof to the Court of General Sessions 
of the Peace ; which certificate shall be filed by the clerk 
of the said Court among the records of the same Court ; 
and a certificate that such oath has been taken, shall be 
made and filed as aforesaid, in cases where the clerk of 
the said Court shall administer such oath ; and no certifi- 
cate, as aforesaid, shall be required afterwards, upon a re- 
newal of such person's license. And no person shall be 
firstly or originally licensed to be a victualler, innholder, 
tavenier, or seller of wine, beer, ale, cider, brandy, rum, or 
other strong liquors, by retail, in the town or district 
where he lives, other than such as produce a certificate 
from the Selectmen of the same town or district, recom- 
mending them as follows, viz. 
"WE, the subscribers, Selectmen of the town (or district) 
of do approve of (inserting the name 

of the person and the employment for which he or she 
is approbated) in the said town (or district) for the year 
ensuing ; and we do hereby recommend the said 
as a person of sober lifejand conversation, suitably qual- 



SELECTMEN. 2\7 

itied and provided for the exercise of such an employ- 
ment, and firmly attached to the Constitution and laws 
of this Commonwealth. 

And it shall be the duty of the Selectmen in the several 
towns, annually, to certify to the Court of the General 
Sessions of the Peace, at the beginning of their term for 
granting licenses, what number of innholders and retail- 
ers, in their respective towns, they judge to be necessary 
for the public good. And that no license be renewed to 
any person who shall have been before licensed, against 
whom any presentment, complaint, or information shall be 
made for misrule or disorder in such house, or for not be- 
ing suitably provided as the law in such case requires to 
entertain strangers and travellers at bed and board, before 
the matter complained of and informed against be inquir- 
ed into and judged of. Provided, Such presentment or 
complaint be prosecuted to effect at or before the same 
court for granting such licenses ; unless the prosecution 
be delayed at the motion of the person applying for the 
license. 

Sect. 3. All innholders, taverner3, and common vict- 
uallers, shall, at all times, be furnished with suitable pro- 
visions and lodging, for the refreshment and entertain- 
ment of strangers and travellers, pasturing and stable- 
room, hay and provender (saving that in populous sea- 
port towns, stable-room, hay and provender only are re- 
quired) for their horses and cattle, on pain of being de- 
prived of their license. And every licensed victualler, 
innholder, or taverner, shall, at all tines, have a board or 
sign affixed to his or her house, or in some conspicuous 
place near the same, with his or her name at large thereon, 
and the particular employment for which he or she is licen- 
sed : And if any victualler, innholder, or taverner, en- 
joined by law to be suitably provided to receive and en- 
tertain strangers, travellers or others, as occasion may 
require, shall be convicted of refusing to make suitable 
provision when desired, for the receiving of strangers, 
travellers, and their horses and cattle, or for any public 
entertainment, such person, upon being convicted thereof 
before the Justices of the General Sessions of the Peace 
of the county to which such person belongs, shall, by the 
said Justices, be deprived of his or her license ; and ths 
said Justices shall be and they are hereby empowered 
19 



218 SELECTMEN. 

and directed io order the Sheriff of the same county ©r 
his Deputy-Sheriff to cause the sign of such convicted 
person to be taken down. 

Sect. 4. No person except those who are licensed for 
common victuallers, taverners or innholders, may pre- 
sume to sell any strong liquors as in this Act mentioned, 
nor any mixed liquors, part of which are spirituous, to be 
drank in their houses or any of the parts or dependen- 
cies of the same ; and that if any person licensed to sell 
wine, beer, ale, cider, brandy, rumor any strong liquors 
by retail only, shall be convicted of entertaining, or suf- 
fering any person or persons to drink such strong liquors, 
or mixed liquors, in their shops, houses, or parts or de- 
pendencies of such shops or houses, he shall incur and 
suffer the like penalties and forfeitures as are inflicted by 
this law upon persons selling without license, to be re- 
covered and appropriated in the same manner. 

Se;ct. 5. No taverner, innholder, or victualler, shall 
have or keep in or about their houses, yards, gardens, or 
dependencies, any dice, cards, bowls, billiards, quoits, or 
any other implements used in gaming; nor shall suffer 
any person or persons resorting unto any of their houses, 
to use or exercise any ot the said games or any other un- 
lawful game or sport within their said houses or any of 
the dependencies, as aforesaid, or places to them belong- 
ing, on pain of forfeiting the sum of Forty Shillings for 
every such offence, upon due conviction thereof, to be dis- 
posed of as is herein directed ; and every person con- 
victed of playing, as aforesaid, in any such house or de- 
pendencies thereof, shall forfeit the sum of Twenty Shil- 
lings, to be disposed of as aforesaid. 

Sect. 6. No taverner, innkeeper, or victualler, shall 
suffer any dancing or revelling in his house or the de- 
pendencies thereof, as aforesaid, on penalty of Thirty 
Shillings, to be paid by the master or keeper of the said 
house who shall suffer the same, and the penalty of Six 
Shillings, to be paid by each person offending in any of 
the said particulars, to be disposed of as aforesaid. 

Sect. 7. No taverner, innholder, or victualler, shall 
suffer any person to drink to drunkenness or excess in 
his or her Louse, or suffer any minor (travellers excepted) 
or servant to sit drinking there, or to have any strong 
drink there, without special allowance of their respective 



SELECTMEN. 219 

parents, guardians or masters, on pain of forfeiting the 
fine of Twenty Shillings for every offence of that kind, 
to be appropriated as aforesaid. 

Sect. 8. If any person, after being duly convicted of 
any breach of this law, shall again break any part of this 
lav/,and thereof be duly convicted, he shall, over and above 
suffering the penalty set to such breach of this law, re- 
cognize for his good behaviour in the sum of Twenty 
Pounds for one year, with two sufficient sureties, over 
and above his recognizance for good order, at taking out 
his license. And if any person convicted of a second 
breach of this law, as aforesaid, shall presume again to 
break any part of this law, over and above suffering the 
penalty of this law for such breach of it, he or she shall 
forfeit his or her license, not to be renewed again for t\iQ: 
space of three years next following. 

Sect. 9. If any person, being duly convicted of any 
breach of this law, shall be unable, or shall neglect to pay 
and satisfy the fine imposed, together with the costs of 
prosecution, and likewise give bond for his good behav- 
iour ; if it be on the second conviction, within twenty- 
four hours next after sentence declared in that respect, it 
shall and may be lawful for the Court, before whom such 
conviction may be, to order such offender to be openly 
whipped, not exceeding fifteen stripes, for one offence, 
nor less than ten, and to restrain the offender in prison, 
until the said fine and charges are paid and bond given as 
aforesaid, or the order for corporal punishment be exe- 
cuted. 

Sect. 10. Before any person shall receive a license to 
be an innhoider, taverner, victualler, or retailer of spirit- 
uous liquors, every such person shall become bound bv 
recognizance to the Commonwealth in the sum of Twen- 
ty Pounds, as principal, with two sureties in Ten Pounds 
each, before one or more Justices of the General Sessions 
of the Peace, on condition following, viz. 

THE condition of this recognizance is. such, That 
whereas the above-bounden Ji. B.is admitted and al- 
lowed, by the Justices of the General Sessions of the 
Peace, to keep a tavern, inn, or victualling-house, and 
to sell wine, beer, ale, cider, brandy, rum, and mix- 
ed liquors, and other strong liquors by retail, for the 
space of one whole year next ensuing, and no longer, 



m SELECTMEN. 

in the now dwelling-house of the said A. B. and no 
other ; if therefore, the said A. B. during the time 
aforesaid, shall keep and maintain good order and 
rule, and shall suffer no disorders nor unlawful 
games to be used in his said house, or in any of the 
dependencies thereof, and shall not break any of the 
laws for the regulation of such houses, then this re- 
cognizance to be void ; otherwise, to remain in full 
force and virtue. 
And before any person shall receive license to be a re- 
tailer of strong liquors, to be spent out of his house, and 
not otherwise, such person shall become bound by recog- 
nizance, as aforesaid, on condition following, viz. 

THE condition of this recognizance is such, That where- 
as the above- bounden A. B. is licensed and allowed 
by the Justices of the Court of General Sessions of 
the Peace, to retail strong liquors, to be spent out of 
his now dwelling-house or shop, for the space of one 
year next ensuing, and no longer, and not otherwise ; 
if therefore, the said A. B. shall not break the laws 
made for the regulation of such retailers, and shall do 
and observe the directions of the law relating to such 
licenses, then this present recognizance to be void ; 
otherwise, to remain in full force and virtue. 
Sect. 1 1 . Upon default being made upon any such re- 
cognizance, a scire facias shall issue, and judgment and 
execution be had in the usual form. And that no recog- 
nizance for the keeping the laws respecting the abovemen- 
lioned licences shall be put in suit for any breach thereof 
made after the expiration of two years from the time of 
taking such recognizance. 

Sect. 12. The time of granting licences to innholders 
and retailers, as aforesaid, shall be at the first General 
Sessions of the Peace that shall be held in course within 
the several counties on or next after the last Tuesday of 
June, annually; unless, upon application made to the 
General Sessions of the Peace, at any of the terms stated 
by law for holding said court, and on such day and time of 
the sitting of such court as the Justices of the same are 
wont to give their more general attendance, for license to 
keep an inn, tavern, a house of public entertainment, or to 
retail strong liquors, it shall appear to the same court, 
that the person applying was unavoidably prevented from 



SELECTMEN. 221 

making application at the said first General Sessions oA 
the Peace, or that the necessity of such license had taken 
place since that time ; and in either case, that the public 
good makes it necessary that the same should be granted ; 
in which case the said Justices are empowered to grant 
the same as though it was at the proper term for granting 
licenses, the person applying for such license paying there- 
for, for the use of the county, six shillings, over and above 
the usual fees and duties. 

Sect. 13. When it shall so happen, that any licensed 
innholder or retailer shall die before the year is expired 
for which license shall have been granted, and the widow 
of the deceased, if such there be, or children, or other rep- 
resentative, shall desire to exercise said employment, in 
such licensed house, the remainder of the year; and 
where any licensed innholder or retailer shall remove 
from a licensed house, and the purchaser or occupier of 
such house shall petition to be licensed, to be an innholder 
or retailer in the same house for the remainder of the 
year; in every such case, it shall be lawful, and the Jus- 
tices of the court of General Sessions of the Peace are 
hereby empowered, at any of the terms appointed by law, 
for holding the same in such county ; and any two Justi- 
ces of the Peace, quorum unus, are also empowered to 
grant licenses to such person or petitioner applying there- 
for, the remainder of the year. Provided, such person be 
suitably qualified therefor, and recommended in manner 
as the law directs. 

And the better to prevent intemperance, and nurseries 
of vice and debauchery : 

Sect. 14. The Justices of the General Sessions of the 
Peace, in each county, be and they are hereby directed, 
not to license more persons in any town or district to keep 
houses for common entertainment, or to retail spirituous 
liquors, as aforesaid, than the Justices shall judge neces- 
sary for the receiving and refreshment of travellers and 
strangers, and to serve the public occasions of such town or 
district, or are necessary for the public good : And all 
public houses shall be on or near the high streets, roads, 
and places of great resort. 

Sect, 15. The Selectmen in each town shall cause to 
be posted up in the houses and shops of all taverners, inn- 
holders and retailers, as aforesaid, within such towns or 
19* 



22r2 SELECTMEN. 

districts, a list of the names of all persons reputed conv 
mon drunkards, or common tiplers, or common gamesters, 
mispending their time and estate in such houses. And 
every keeper of such house or shop, after notice given him, 
as aforesaid, that shall be convicted before one or more 
Justices of the Peace, of entertaining or suffering any of 
the persons in such list, to drink or tipple, or game, in 
his or her house, or any of the dependencies thereof, or of 
selling them spirituous liquor, as aforesaid, shall forfeit 
and pay the sum of thirty shillings. 

Sect. 16. Whenever any person shall, by idleness, or 
excessive drinking of spirituous liquors, so mispend, 
waste, or lessen his or her estate, as thereby either to ex- 
pose himself or herself, his or her family to want or indi- 
gent circumstances, or the town to which he or she be- 
longs, to a charge or expense for the maintenance or sup- 
port of him or her, or his or her family, or shall so indulge 
himself or herself in the use of spirituous liquors, as there- 
by greatly to injure his or her health, or endanger the loss 
thereof, such Selectmen shall, in writing, under their 
hands, forbid all licensed persons, in their respective 
towns and districts, to sell to any of the afore- described 
mispenders of time and estate, any spirituous or strong 
liquors, in this act mentioned, for the space of one year, 
and shall, in like manner, forbid the licensed persons of 
any other town or district to which such mispender may 
resort for the same. And if any of the persons contained 
in the said prohibition shall not, in the opinion of the said 
Selectmen, or the major part of them, have reformed dur- 
ing the said year ; in such case, the Selectmen of such 
town or district shall renew the prohibition in manner as 
aforesaid; and if any licensed victualler, taverner, inn- 
holder, or retailer of spirituous or strong liquors, shall, 
during any such prohibition, sell to any person contained 
therein, any spirituous liquors, in this act mentioned, he 
shall forfeit and pay for each offence the sum of twenty 
shillings, to the use of the town or district where such 
mispender lives, to be sued for and recovered by the trea- 
surer of such town or district. 

And whereas the giving credit to town inhabitants, and 
©thers, living near houses of public entertainment, very 
much lends to the destructive expense of time and money 
of many persons : 



SELECTMEN. £2$ 

Sect. 17. If any innholder, retailer, alehouse-keeper, or 
common victualler, trust or give credit to any person in- 
habiting in the same town where they are trusted, or to 
any person whose place of abode is within five miles' dis- 
tance, for victuals or drink, for more than Ten Shillings ; 
such innholder, retailer, alehouse-keeper, or common vict- 
ualler, shall lose all such sums so trusted, and all actions 
hereafter brought for s ich debtor debts shall be utterly 
excluded and barred. And the defendant, in such action 
may plead the matter specially, or under the general issue 
give the matter in evidence, any law, usage or custom to 
the contrary notwithstanding. 

And for the better inspecting of licensed houses, ajwi the 
discovery of such persons as shall presume to sell JBBout 
license : 

Sect. 18. The Selectmen in each town or district, re- 
spectively, shall take due care that Tithingmen be annu- 
ally chosen, at the general meeting for the choice of town- 
officers, as is by law provided ; and upon any vacancy, to 
fill up the number at any other town-meeting ; which Ti- 
thingmen shall have power, and'whose duty it shall be, care- 
fully to inspect all licensed houses, and to inform of all 
disorders or misdemeanors which they shall discover, or 
know to be committed in them, or any of them, to a Jus- 
tice of the Peace, or to the General Sessions, within the 
same county ; as also of all such as shall sell spirituous 
liquors as aforesaid, without license : and in like manner 
to inform of all idle and disorderly persons, profane swear- 
ers or cursers, Sabbath -breakers, and the like offenders, to 
the intent they may be punished : Every of which Tithing- 
men shall be sworn, as other town-officers are, to the faith- 
ful discharge of his office, and shall be entitled to such 
part of the penalties enjoined by this Act, as by law ac- 
crues to the informer. 

Sect. 19. All fines and penalties arising for any of 
the offences aforesaid, not otherwise appropriated, shall be 
disposed of, one half thereof to the use of the county 
where the offence is committed, and the other moiety to 
him or them who shall inform and prosecute for the same; 
except where the offence is prosecuted by a Grand Jury, 
before the Supreme Judicial Court, or Court of General- 
Sessions of the Peace ; in which case, the whole forfeit- 
ure to be to the use of the county. 



224 SELECTMEN. 

And every Justice of the Peace is hereby empowered 
to hear and determine any of the offences above mention- 
ed, committed within his county, where the penalty doth 
not exceed Four Pounds, and not otherwise. And every 
Justice of the Peace before whom such conviction shall be 
had, and where the party convicted doth not appeal, shall 
make a certificate of the same ; and the Justice before 
whom such conviction is, shall cause the same to be fairly 
written, and shall return the same to the then next Gene- 
ral Sessions of the Peace for the county where the said 
offence is committed, there to be read over in open Court, 
and filed among the records of the same Court, to the end, 
amo|jLother things, that it may be known that the break- 
ers IRhis law are duly prosecuted. 

[This act passed February 28, 1787.] 

An act in addition to the several acts, "for the due regu- 
lation of Licensed Houses." 

ANY person aggrieved by the neglect or refusal 
of the Selectmen of any town or district within any coun- 
ty, within this Commonwealth, to return the certificate 
required by law, in order that his license as an inn -hold- 
er or retailer, may be removed ; or by their refusing to 
give their approbation, that such person may be original- 
ly licensed to be an inn-holder or retailer within such 
town or district, it shall and may be lawful for the Court 
of Sessions within such county, on application of such ag- 
grieved person, to renew, or original!}' grant the license 
prayed for ; any law, custom, or usage to the contrary 
notwithstanding : Provided always, that the person ap- 
plying shall substantially prove to the satisfaction of the 
said court, that the Selectmen have unreasonably neglect- 
ed or refused to give their certificate or approbation, re- 
quired by the second section of "An act for the due regu- 
lation of licensed houses," passed February 28, 1787 ; 
and that the public good requires the renewal or originally 
granting the license prayed for : Provided also, it shall be 
the duty of such aggrieved person, to inform the Select- 
men, or some one of them, refusing as aforesaid, that he 
shall apply to the Court of Sessions, next to be holden 
within the same county, for the renewal or granting of his 



SELECTMEN. 225 

license ; so that the said Selectmen may, if they see fit, ap- 
pear and show cause why such person should not be licensed. 
Sect. 2. Any person whose license may have been pre- 
vented by the unreasonable neglect or refusal of the Se- 
lectmen, at the usual term for granting licenses, such neg- 
lect or refusal being proved to the Court of Sessions, the 
said Court may grant license to such person at any other 
term. 

[This act passed March 12, 1803.] 

An Act more effectually to prevent the pernicious prac- 
tice of gaming. 

1. NO innholder, tavern keeper, victualler or per- 
son licensed as a retailer of spirituous liquors, shall keep 
or suffer to be kept any table for the purpose of playing* 
at billiards, in any house, yard, garden or other appenda- 
ges to him or her belonging, or by him or her occupied or 
improved. And if any innholder, tavern keeper, victual- 
ler or retailer of spirituous liquors licensed as aforesaid, 
shall keep or suffer to be kept in any housebuilding, yard, 
garden or other appendages to him or her belonging, or by 
him or her occupied or improved, any such table for the 
purpose of playing at billiards, or shall suffer or wittingly 
and willingly allow any person to play therein at billiards, 
cards, dice or any other unlawful game, he or she so of- 
fending, upon conviction thereof on an indictment of the 
Grand Jury before the Court of General Sessions of the 
Peace, or the Supreme Judicial Court, shall for each and 
every such offence, forfeit and pay the sum of fifty dol- 
lars, to the use of the town where such offence shall be 
committed, and shall be deprived of his or her license for 
the remainder of the year, and shall not obtain a renewal 
thereof for the space of three years next ensuing. 

2. if any person not licensed as an innholder, tavern 
keeper, victualler, or retailer of spirituous liquors, shall 
<eep or suffer to be kept in any house, building, yard, gar- 
ien or other appendages thereof, by him or her actually 
occupied or improved, any tables for the purpose of play ^ 
n<* at billiards for hire, gain or reward, or shall for hire, 
*ain or reward, allow and suffer persons to resort to the 
•ame for the purpose of playing at billiards, cards or dice, 
>v at any other unlawful game, such person so offending, 
in conviction thereof as aforesaid, shall for each and ev- 



226 SELECTMEN. 

ery such offence forfeit and pay the sum of fifty dollars 
to the use of the town where the offence shall be commit- 
ted, and further shall be obliged to recognise with suffi- 
cient surety or sureties in a reasonable sum for his ot- 
her good behaviour, and particularly that he or she will 
not be guilty of a breach of this act for the space of three 
years next ensuing. 

3. If any person shall play at billiards, at any table 
kept or made-use of for the purpose aforesaid, he shall, oix 
conviction thereof, forfeit and pay a fine of six dollars 
for each and every such offence, to be recovered by action 
or complaint before any Justice of the Peace, in and for 
the county, where the offence shall be committed, to the 
use of him or them who may prosecute or sue for the same. 

4. It shall be the duty of all Selectmen, Sheriffs, Dep- 
uty Sheriffs, Constables, Tithingmen, and Grand Jurors, 
to complain of any breaches of this act. 

[Passed June 27, 1798.] 

By the law of 1818, chap. 65, it is provided, that when- 
ever the Selectmen of any town shall have posted up, m 
their town, the names of any common drunkards, common 
tiplers, or common gamesters, or whenever they shall* 
have forbid licensed persons from selling to any mispend- 
ers of their time and estate, any spirituous or strong liq- 
uors, agreeable to the act of 1736, chap. 65. it shall not 
be lawful for any person to purchase or procure, for and 
in behalf of such prohibited person, or for his use, any 
spirituous or strong liquors ; and if any person shall pur- 
chase, procure, or sell or cause the same to be done, he- 
shall forfeit 10 dollars to be recovered by complaint to 
any Justice in the county — one moiety to the use of the 
complainant, and the other moiety to the use of the poor 
of the town. 

Sect. % A,ny taverner, innholder, victualler, or re- 
tailer, who shall suffer any minor, tipler, common drunk- 
ard, or gambler, to remain in his or her house, store, or 
any other apartment, or shall furnish them with strong 
liquors of any kind, and shall be thereof convicted, shall 
forfeit and pay a fine of 10 dollars, for every such offence, 
to be recovered as provided in the act of 1786, chap. 68. to 
which this is in addition* 






SELECTMEN. 2?f 

The duty of Selectmen seems to be marked with pre- 
cision in these laws ; but from the general neglect on the 
part of Selectmen of causing the salutary provisions 
therein to be enforced ; it might be supposed that they 
either were not aware of these provisions of law or were 
determined to disregard them. Some honorable excep- 
tions, here and there are witnessed, of Selectmen who 
faithfully discharge their duty. The good citizens of 
every town it is to be hoped and believed will ever sup- 
port their town officers in a conscientious and severe 
(though unwelcome) discharge of duty. 

9. When to bind out poor children. 

MINORS who have no parent or guardian, may 
bind themselves, with the approbation of the Selectmen of 
the town where such minor resides. It shall be the duty 
of Selectmen in such cases to inquire into their usage, and 
defend them from cruelties and breaches of covenant of 
their master ; and may complain to the court of Common 
Pleas in which such master is an inhabitant for any per- 
sonal cruelty, neglect or breach of covenant, and the court 
may discharge the minor from the service of his master 
with costs and the indentures rendered void ; but if the 
complaint is not supported, costs shall be awarded to the 
respondent against the Selectmen where the complaint of 
the Selectmen shall be without probable cause. 

10. To complain of Spendthrifts and certify as to Id- 
iots, Sfc. 

IT shall be in the power of the Judges for the Pro- 
bate of wills, within their respective counties, from time 
to time, (upon request made by the friends or relations of 
any idiot, non-compos, or lunatic person, or by the overseers 
of the poor in such town where such idiot, non-comoos, 
or lunatic person lives or is an inhabitant) to direct the 
Selectmen of such town to make inquisition thereinto ; and 
if the person said to be an idiot, lunatic, or distracted per- 
son, shall be adjudged by the Selectmen of the town (or 
the major part of them) where such person resides, to be 
incapable to take care of him or herself, and they shall 



228 SELECTMEN. 

certify the same under their hands, to the Judge, the said 
Judge of Probate shall be empowered to assign some suit - 
able person or persons to be guardian or guardians to such 
idiot, lunatic, non-compos, or distracted person, directing 
and empowering such guardian or guardians to take care 
of the person and estate, both real and personal, of such 
person, and to make a true and perfect inventory of the 
said estate, to be returned into and filed in the Probate of- 
fice in such county. 

And whereas, to thedishonour of human nature and the 
great injury of society, individuals oftentimes spend, les- 
sen and waste their estates by excessive drinking, gam- 
ing, idleness and debauchery, and thereby involve them- 
selves and families in distress, misery and ruin ; and sub- 
ject the towns to which they belong to expense and charge 
for their maintenance and support : 

Sect. 8. When any person by excessive drinking, 
gaming, idleness or debauchery of any kind, shall so 
spend, waste or lessen his or her estate, as thereby to ex- 
pose himself or herself, or his or her family, or any of 
them, to want or suffering circumstances, or shall by thus 
spending, wasting, or lessening his or her estate, endanger 
cr expose the town to which he or she belongs, in the 
judgment of the Selectmen thereof, to a charge or expense 
for the maintenance or support of him or her, or his or her 
family, or any of them, such Selectmen, or the major part 
of them, shall, in such case, lodge a complaint with the 
Judge of.Probate for the county to which the person spend- 
ing, wasting or lessening his estate as aforesaid, doth be- 
long ; and if it shall appear to the said Judge of Probate, 
that the person complained of comes within the descrip- 
tion of this act, and has had due notice of the complaint 
exhibited against him or her, as the case may be, then, and 
in that case, the said Judge of Probate shall appoint the 
said Selectmen, or the major part of them, or some suita- 
ble and discreet person or persons, guardian or guardi- 
ans to such person. And no sale or bargain of any real 
or personal estate, made by such person or persons, af- 
ter the appointment of guardianship, as aforesaid, shall 
be held valid in law. And the guardian or gardians that 



may be thus appointed, shall, in discharging the duties of 
their appointment, pursue the same method, and be under 
similar obligations for a faithful discharge of their trust, 



SELECTMEN. 22§ 

as guardians appointed for idiots, lunatics, or for persons 
non-compos-rnentis. 

[This act passed March 10, 1784.] 

By the statute of 1818, chap. 60. it is provided that all 
and every gift, bargain, sale or transfer of any real or per- 
sonal estate made after complaint and order of notice are 
filed in the register of deeds office by the Selectmen, shall 
be void and of no effect. 

11. To perambulate town lines. 

TWO or more of the Selectmen of every town, or 
such other persons as the Selectmen shall, in writing, ap- 
point, shall once in five years run the lines and renew the 
marks; and their proceedings, after every such renewal 
of boundaries, shall be recorded in the respective town 
books. The Selectmen of the most ancient town to give 
notice, in writing, unto the selectmen ot t\iQ adjoining town 
of the time and place of meeting for such perambulation, 
tea days beforehand ; and the selectmen who shall neglect 
their duty in notifying or attending, either personally or 
by their substitutes, to perambulate the line, at the time 
and place assigned as aforesaid, shall severally forfeit and 
pay five pounds, two thirds to the use of the town who 
shall comply with their duty as aforesaid, and the other 
third unto any two or more of the Selectmen of the town 
so complying, who are hereby empowered to inform and 
sue for, in the Court of Common Pleas for the same Coun- 
ty, at any time within two years after the forfeiture shall 
be incurred, and not after wards. (Stat. 1785, chap. 75.) 

12. Highwaijs, Schools and contagious diseases. 

THE Selectmen by law of 1786, chap. 81. sect. 1. 
are authorized on complaint, of any person aggrieved by 
the doing3 of any surveyor in regard to any water course, 
to direct such surveyor to alter the same in such way and 
manner as they shall think just and proper. 

The Selectmen or assessors of each town are directed 
to assign and appoint, in writing, annually, to the survey- 
ors their several limits and divisions of the highways and 
20 



230 SELECTMEN. 

town-#ays, for repairs and amendments. (Stat. 1886, chap, 
81.) 

The additional statute of 1796, chap. 58. sect. 4. makes 
it the duty of selectmen before the first day of May annu- 
ally, to assign divisions and limits to the several survey- 
ors. 

Jin Ad directing the Method for laying out Highways, 
[1786, chap. 67.] 

Sect. 1. The Selectmen of the several towns in this 
Government, are hereby authorised and empowered, eith- 
er personally, or by such other person or persons, as they 
shall appoint, to lay out, within their respective towns, 
particular and private ways, for the use of such town on- 
ly ; or for the use of one or more individuals thereof, or 
proprietors therein ; and if any particular person or per- 
sons who are owners of the land, through which such pri- 
vate roads shall be laid out, be injured thereby, he or they 
shall receive such recompense as the party interested and 
the Selectmen shall agree upon, to be paid by the town, 
or the individual person or persons, for whose use the road 
is laid out, or as shall be ordered J>y the Justices in 
their General Sessions of the Peace, upon an enquiry into 
the same, by a Jury to be summoned for that purpose, or 
by a special committee, if the parties agree thereunto. 

~ Provided always, That no private way laid out by the 
Selectmen, or their order, as aforesaid, shall be established 
as such, until the same has been reported to the town, at 
some public meeting of the inhabitants thereof, regularly 
notified and warned, and by them approved and allowed. 
Sect. 2. If the Selectmen shall unreasonably delay, or 
refuse to lay out, or cause to be laid out, any such private 
way, as before described, being thereunto requested, in 
writing, by one or more of the inhabitants or proprietors 
of land in such town, then the Court of General Sessions 
of the Peace for the same county, at any session thereof, 
within one year, if the request appear to them reasonable, 
may cause the same private way to be laid out at the costs 
of the persons applying, by a committee of three disinter- 
ested freeholders, which committee shall estimate the 
damages occasioned thereby (if any there be) as well as 
ascertain the place and course of the said private way. 



SELECTMEN. 231 

The damages to be paid by the town, if it be of general 
benefit, otherwise by the individual or individuals for 
whose use and benefit the way is laid out. And the Jus- 
tices of the respective Courts of General Sessions of the 
Peace, upon application to them made by any party ag- 
grieved, at the continuance of any private way, may order 
and direct a discontinuance thereof, after notifying and 
Hearing the parties interested therein, if they shall there 
upon adjudge and determine such discontinuance reason- 
able. 

Sect. 3. When any town shall unreasonably delay, or 
refuse to approve and allow of any private way laid out 
by the Selectmen thereof, or their order, and put the same 
on record, any person or persons aggrieved by such de- 
lay or refusal, may apply to the Court of General Ses- 
sions of the Peace, for the same county, within twelve 
months after such refusal or delay; and the same Court, 
after hearing the town thereon, may accept and approve 
of the said private way, as laid out by the Selectmen, and 
direct the same to be recorded in the town-book ; or they 
may order the private way petitioned for, to be laid out 
by a committee of three disinterested freeholders, to be by 
them appointed for that purpose, which committee shall 
be under similar directions and obligations as to locating 
and estimating the damages occasioned thereby, as in this 
Act is prescribed for a committee of five, in locating or 
altering a county highway. 

The jury or committee, are to be under oath, and if 
they do not increase the damages, the complainant shall 
pay all the costs incurred. 

The Supreme Court in 6 Mass. Rep. 7. say the authori- 
ty of the Selectmen is not confined to such roads as will 
be for the use of the town only ; and it is no objection ici 
the exercise of the authority by a town, that the road to be 
laid out will be used by the inhabitants of other places, or 
strangers who may have occasion to pass on it. 

The doings of the Selectmen, in laying out a town- 
way, must be recorded. 2 Mass. Rep. 529. But, see 11 
Mass. Rep. 447. 

The statute does not require the Selectmen to estimate 
the damages sustained by the owner of land over which a 
private road is laid ; but if he cannot agree with them or 



232 SELECTMEN. 

the town, nor upon a committee to estimate the damages, 
he must apply to the court of sessions for a jury to es- 
timate them. 6 Mass. Rep. 7. 

Schools. 

See title, Schools. 

Contagious diseases.. 

See title, Health. 

1 S. To erect Guide Posts, 

Jin act making provision for the erecting Guide Po$t& 
vponpublic roads. 

ON or before the first day of September next, it 
shall be the duty of the inhabitants of the several towns 
and districts in this Commonwealth, and also such unin- 
corporated plantations as now are assessed in any public 
tax, to provide, erect and keep in repair such Guide Posts 
upon all public roads, at such places and in such manner 
as is hereafter in this act provided. 

£. The Selectmen of the several towns and districts, 
and the assessors of all unincorporated plantations, as- 
sessed in any public tax, in this Commonwealth, be, and 
they hereby are authorised and required, from time to 
time, to fix and determine upon such places at the cor- > 
ners and angles of all roads in the several towns, districts 
and plantations aforesaid, at which the said Guide Posts 
shall be erected and kept, as in their judgment shall be 
found necessary and convenient, and shall cause a fair 
record thereof to be entered and kept amongst the records j 
of the said towns, districts or plantations. 

3. The Guide Posts to be erected and kept, in pursu- 
ance of this act, shall be constructed in manner following ; 
that is to say, There shall be erected at the several cor- 
ners or angles of the roads aforesaid, at such places, as 
shall be ordered by the Selectmen of towns and districts, 
or assessors of the plantations aforesaid, a substantial 
Post, of not less than eight feet in height; upon the up- 



SELECTMEN, 233 

per end ot which shall be placed a board or boards, upOD 
each of which boards shall be plainly and legibly paintec' 
the name of the next town, with such other noted town 
or place as may be judged most expedient for the direc- 
tion of travellers, to which each of the roads may lead, to- 
gether with the distance or number of miles to the same ; 
and also the figure of a hand, with the fore finger thereof 
pointing towards the town or place to which the said 
roads may lead : Provided nevertheless, That the inhabi- 
tants of the several towns, districts and plantations afore- 
said, duly qualified to vote in town or plantation affairs 
may, if they judge fit, on or before the first Monday in 
April next, and annually afterwards, agree upon some 
suitable substitute in the room of said Guide Posts, and 
appoint any proper person or persons to superintend the 
erecting the same. 

4. If the inhabitants of any of the towns, districts or 
plantations aforesaid, shall neglect or refuse to erect and 
maintain said Guide Posts, in such places and in such 
manner as is herein provided, the said inhabitants shall 
forfeit and pay to the use of the Commonwealth, twenty 
shillings for every month which they shall so neglect or 
refuse: And if the Selectmen of the several towns and 
districts, or assessors of the several plantations aforesaid, 
shall neglect or refuse to fix and determine upon any 
places in the towns, districts and plantations aforesaid, 
at which the said Guide Posts shall be erected and kept, 
by the time in this act set and limited, the said Select- 
men or assessors shall forfeit and pay, to the use of the 
Commonwealth, twenty shillings for every month which 
they shall so neglect or refuse ; said penalties and forfei- 
tures to be recovered by indictment of the Grand Jury in 
the county where the offence may be committed. 

5. If any person shall injure, mar or deface any Guide 
Post, or its substitute, agreed upon, as aforesaid, or board 
which shall be set up, as is in this act provided, and be 
convicted thereof before any Justice of the Peace within 
this Commonwealth, (who is hereby empowered to try the 
same) such person so convicted shall forfeit a sum, not 
more ihzn forty shillings, nor less than twenty shillings ; 
one half to the complainant, and the other half to the use, 
of the town, district or plantation in which such Guide 

20* 



£34 selectmen; 

Post, or its substitute, so injured, marred or defaced*, 
was set up, and shall pay all costs of prosecution. 
[Passed February 28, 1795.] 

14, Jurors* 

THE act of 1307, chap. 140, regulating the selec- 
tions &c. of grand, travers and petit Jurors. 

Sect. 2. If any person whose name shall be in either 
of the boxes aforesaid, shall be convicted of any scandal- 
ous crime, or be guilty of any gross immorality, his name 
shall be withdrawn from the box, by the Selectmen. 

Sect. S. The Courts of Sessions in the several coun- 
ties, excepting the counties of Suffolk, Dukes County, and 
Nantucket, shall previously to the first day of June next, 
and for ever afterwards within one year next after every 
new census, and as much oftener as any considerable 
change in the state of population shall render useful and 
necessary, divide their respective counties into at least 
four jury districts, and more, if it shall be found in prac- 
tice convenient, not exceeding twelve, each to contain so 
many adjoining towns as shall make the number of inhabi- 
tants in each division as nearly equal, according to the 
last census for the time being, as may be, without dividing 
a town; and such jury districts shall be numbered and 
distinguished numerically ; and the said Courts of Ses- 
sions shall cause copies of such divisions to be delivered 
to the clerks of the respective Courts at which the course 
of trials is or may be by juries, who shall issue their veni- 
re facias, in due form, directed to the respective consta- 
bles of as many towns in one such jury district, and for 
as many jurors as shall be as near as may be in proportion 
to the number of jurors sent for in the other districts, to 
serve at the same court, always collecting the grand, tra- 
verse, and petit jurors, so far as shall be practical and 
convenient as uniformly from all parts of the county, as 
the situation of towns, the number of their inhabitants, 
and a practical rotation and equalization of the service of 
jurors will permit ; never taking more than two grand, 
and two traverse or petit jurors from the same town, to 
serve at the same court, unless from necessity, some ex- 
traordinary occasion, or to equalize their services on the 
printiples aforesaid. 



SELECTMEN. 235 

Sect. 4. The grand jurors, who shall be returned t® 
serve at the Court of common Pleas, shall serve at every 
term of said court, which shall be held throughout the 
year, and until another jury shall be empannelled in their 
stead, except the county of Bristol, where they shall be 
required* to serve twice in each year, at such times as the 
Court of Common Pleas for that county may direct. 
And venires for such a jury, shall be issued forty days, at 
least, before the first day of March annually. And the 
sheriff' of each county, so soon as he shall receive the ve- 
nires for jurors, from the clerk of either court, shall with- 
out any delay, forward the same to the constables of the 
towns to whom they shall be directed ; and the constables 
of their respective towns* on the reception thereof, shall, 
in the usual form, notify the freeholders and other inhabi- 
tants, in their towns, qualified to< vote in the election of 
Representatives, and particularly the Selectmen and town 
clerk, to assemble and be present at the drafts and selec- 
tion of the jurors called for ; which meeting shall be held 
at least, six days, and not more than twenty days, before 
the setting of the court to which the venire shall be re- 
turnable. 

Sect. 5. When any town shall be duly assembled, in 
pursuance of a venire facias, for the purpose aforesaid, 
the town clerk, or in his absence, one of the Selectmen 
shall carry into the meeting the box containing the names 
of those persons who have been selected to serve as jury- 
men, at the court from which the venire issued ; which 
box shall be unlocked, in the meeting, and the tickets 
mixed by the major part of the Selectmen, who are to be 
present ; and one of the Selectmen shall draw out as ma- 
ny tickets as there shall be jurors required by venire. 
The persons whose names shall be thus drawn, shall be 
returned to serve as jurors, unless from sickness, absence 
beyond sea, without the limits or in different parts of the 
Commonwealth, they shall be considered by the town as 
unable to attend the court for which they had been draft- 
ed ; or had served on a jury within three years from that 
day. In either of these cases, or in case of a coroner's be- 
ing drawn, at a time when the duties of a sheriff shall be 
devolved on him, by reason of a vacancy in that office, the 
persons' names being returned into the box, others shall 
be drawn in their stead : But any person being thus ex- 



£36 SELECTMEN 

eused, or who shall be returned, and shall not appear at 
court, or appearing, shall be there excused, shall not be 
considered as serving, or be excused on another draft, 
should it happen within the term of three years, the mi- 
nute on his ticket, notwithstanding. 

Sect. 6. The selectmen who shall draw from the box 
the ticket of any persons to serve as a juror, and who shall 
not be excused by the town, for either of the causes 
aforesaid, shall endorse thereon the date of the draft, and 
then return the same into the box ; and it shall be the 
duty of the constable to notify the persons thus designat- 
ed to serve as jurors, four days, at least, before the sitting 
of the court, on which they are to attend, either by read- 
ing to them the venire, with the minutes of their having 
been drafted, as aforesaid, thereon ; or by leaving at their 
usual abode, a written notification of their having been so 
drawn, and also, of the time and place of the sitting of the 
court, and when they are to attend. And he shall make 
a seasonable return of the venire to the court to which it is 
returnable, with his doing thereon. And whenever there 
shall be a renewal, or an exchange of any of the tickets in 
either of the boxes, for others, of the same persons, the se- 
lectmen shall transfer from the back of the old tickets, to 
the new ones, the minutes of such drafts as had been made 
within the three preceding years. 

Sect. 7. When by a deficiency of either of the grand, 
traverse, or petit jurors of any court, it cannot conveni- 
ently proceed in its business, it may cause writs of venire 
facias, for the drawing and returning so many jurors as 
shall be deemed necessary, to be forthwith issued, and 
directed to the constables of such towns in the county a& 
the court, under the existing circumstances, shall judge 
most proper ; conforming, as far as the business of the 
court will permit, to the principles, by which under this 
act, jurors are to be selected, and their services equaliz- 
ed : And the jurors so drawn, shall be notified by the con- 
stables to attend on the court immediately : And when 
from challenges, or otherwise, there shall not be a jury to 
determine any civil or criminal cause, which may be call- 
ed on for trial, the sheriff or his deputy, or, in case of an 
interest of relationship in him, to a party in the suit, a 
coroner, or such other disinterested person as the court 
shall appoint, shall, by order of the court, return jurymen 



SELECTMEN. 2S7 

ie talibus circumstantibus, sufficient to complete the pan- 
ne! : Provided, no person shall be considered as compe- 
tent to be returned, whose name shall not, to the satisfac- 
tion of the court, appear to be contained' in one of three 
lists aforesaid, unless the parties consent ; and also pro- 
vided that there shall be seven, at least, on the pannel, of 
the jurors returned by the venire. 

' Sect. 12. If at any time, from the existing state of the 
country, the nature or quantum of the business pending, 
or from any other cause, the courts respectively shall be 
of opinion that it will be a hardship on one set of traverse, 
or petit jurors, to serve the whole of the term, and that it 
would best meet the interest of the public, and of individ- 
uals, to have a second set of jurors to serve a part of the 
term, it shall be in the discretion of the court to direct 
their clerk, when they shall issue their venires to the con- 
stables, in manner before directed, for the usual number 
of jurors, to require in the same venire, that a second 
draft of an additional number, equal to the first number, 
shall be made, which shall be called provisional jurors* 
and shall form the second set, if,, and so far as they should 
be needed, and be especially sent for by the court. And 
the constables shall also notify these jurors four days be- 
fore the sitting of the court, of their being drawn as pro- 
visional jurymen, in the same manner as is provided for 
the notification of the first set of jurors. And such provi- 
sional jurors shall hold themselves in readiness, and be 
obliged to attend and serve, if and when, called for by the 
court, in the course of that term. And in all cases, when, 
provisional jurors shall be drawn as aforesaid, it shall be 
in the discretion of the court, at any time during the ses- 
sion, to excuse, on request, from further attendance, any 
individual of the first set of jurors, on the condition of his 
giving seasonable and personal notice to such a provision- 
al juror or jurors, for his or their immediate attendance, 
as shall be designated and called for, by the direction of 
the court. 

Sect. 13. The manner in which constables, upon the 
receipt of venires for jurors, shall notify the qualified in- 
habitants of their respective towns to assemble, and to be 
present at their drafts as aforesaid, shall, unless otherwise 
ordered by said towns respectively, be the same as has 
hsen, or shall be established therein for notifying and 



338 SELECTMEN, 

warning their annual town meetings. But if any town 
have, or shall, at a legal town meeting, order or appoint 
that the notification shall be by the constables giving no- 
tice to the selectmen, or the major part of them, and the 
town clerk, or by any other mode, such notification shall 
be sufficient. 

Sect. 17. The Selectmen, town constable, clerk of the 
town, clerk of the court, sheriff or juror, who having no 
justifiable cause therefor, shall neglect to discharge the 
duties incumbent on them, him or it, respectively by this 
act, shall be subjected to the respective fines and amerce- 
ments named to be assessed, ordered and imposed by the 
court, in reference to whose jurors such neglect or failures 
may have taken place ; namely, a fine not exceeding 
twenty dollars, at the discretion of the court, on any Se- 
lectmen or town-clerk, who shall so neglect to perform 
his or their duty herein prescribed, as by means whereof 
the jurors called for from his or their town, shall not be 
returned ; a fine not exceeding twenty dollars, at the dis- 
cretion of the court, en any constable who shall so neglect 
to perform the duties devolved on him by this act; by 
means whereof there shall be a failure of the jurors called 
from his town as aforesaid ; a fine or amercement not ex- 
ceeding one hundred dollars, at the discretion of the court, 
on any town which shalL so neglect the duties herein en- 
joined on it, or thereby to occasion a failure of the jurors 
called for, from such a town; a fine at the discretion of 
the court, not exceeding fifty dollars, on their clerk, or 
the sheriff, who shall so neglect the duties enjoined on 
them respectively by this act, as to prevent c a compliance 
with any of its provisions ; a fine on any juror drawn, no- 
tified and returned, in the manner as above described, 
who shall unnecessarily fail in his attendance^ and not be- 
ing an inhabitant of Boston, Salem, Newburyport or Port- 
land, not exceeding twenty dollars, and if an inhabitant 
of either of these towns, not exceeding forty dollars, to be 
divided equally among the jurors who shall attend and 
serve ; and a fine not exceeding eighty dollars, on any 
town clerk or Selectman who shall be guilty of any fraud, 
either in practising on the jury box previously to a draft, 
or in the drawing a juror, or in returning the name of any 
juror into the box, which had been fairly drawn out, and 
drawing or substituting some other one in his stead, or m 



SELECTMEN. *33 

auy other way whatsoever ; and all such fines, which the 
Selectmen, constable, town clerk, sheriff, or clerk of a 
court, shall incur by virtue of this act, for any neglect, 
shall be to the use of the county in which the offender 
dwelt at the time of the neglect, to be recovered by in- 
dictment, information, or an action brought by the treas- 
urer of the county, before any court having jurisdiction of 
the offence, provided the action shall be brought within 
twelve months after the offence shall have been commit- 
ted : such fines or amercements as shall be ordered or 
imposed on towns for any neglect of their duties as before 
specified, shall be to the use of the county in which the of- 
fending town may^be; and all fines and forfeitures for 
any of the frauds, by town clerks, or Selectmen as above- 
mentioned, shall be recovered by action of debt, in any 
court having jurisdiction thereof: one moiety thereof to 
be, and enure to the commonwealth ; the other moiety to 
him or them who shall prosecute and recover the same. 

Sect. 18. All jurors that shall be selected, drawn or 
returned, in pursuance of the present existing law or laws, 
until the forth day of July next, shall be considered as 
regularly returned, and competent to the duties for which 
they may have been so returned ; after which time all 
acts, and clauses of acts, coming within the purviews of 
this act, and so far forth as their subjects are taken up 
and provided for by this act, shall be considered as repeal- 
ed, and they are hereby repealed : Provided always, that 
any right or rights, action or actions, remedies, fines, for- 
feitures or privileges, which may then have occurred un- 
der any of the said existing laws, or clauses of the same, 
in any manner whatever which may not then have been 
realized, executed, or definitively acted on, may be pros- 
ecuted and executed, and such proceedings had thereon 
as would have been done or had, and in the same manner 
. ; as if this act had not been passed ; And provided also, 
that all jurors which before that time shall have been reg- 
ularly returned under the existing laws, shall exercise 
their rights and perform their duties as if this act had not 
passed. 

[This act passed March 12, 1808.] 



£40 SELECTMEN, 



*3n actin addition to, and for repealing the first section of 
an act, entitled, " An act regulating the selection, the 
cmpannelling, and the services of Grand, Traverse and 
Petit Juries, and repealing all laws, or clauses of laws, 
touching these subjects, so far as they are provided for 
by this avt." 

THE first section of an act, entitled " an act re- 
gulating the selections, the empannelling,and the services 
of Grand, Traverse and Petit Jurors, and repealing such 
laws or clauses of laws, touching these subjects, so far 
as they are provided for by this act," made and passed on 
the twelfth day of March, in the year of our Lord one 
thousand eight hundred and eight, be, and the same is 
hereby repealed. 

Sect. 2. The selectmen, in each town or district in 
this Commonwealth, shall provide, and at all times cause 
to be kept in their respective towns, one jury-box, and 
shall, before the first day of June next, and once at least 
in every three years afterwards, prepare a list of such 
persons, under the age of seventy years, in their respective 
towns, as they shall judge well qualified to serve as Ju- 
rors, being persons of good moral character, and qualified 
as the Constitution directs, to vote in the choice of Rep- 
resentatives, excepting the Governor, Lieutenant Govern 
nor, Counsellors, Judges, and Clerks ot the Common Law 
Courts, Secretary and Treasurer of the Commonwealth, 
Loan Officers, and Revenue Officers, Judges and Regis- 
ters of Probate, Registers of Deeds, settled Ministers of 
the Gospel, Officers of any College, Preceptors of incor* 
porated Academies, Physicians and Surgeons regularly 
authorized, Cashiers of incorporated Banks, Sheriffs and 
their Deputies, Marshals and their Deputies, Counsel- 
lors and Attornies at Law, Justices of the Court of Ses- 
sions, Criers of the Judicial Courts, Constables and con- 
stant Ferrymen ; and having written their names upon 
tickets, they shall cause them to be placed in a box to be 
called the jury-box, and shall then lay the whole of their 
doings before the town for a revision, who may confirm 
the same, or make such alterations therein as they may 
deem proper ; and the said box shall be held and kept by 
the town or district Clerk; and the persons whose names 



A 



SEALERS OF LEATHER, 241 

shall be continued in said box, shall be liable to be drawn, 
and serve on any Jury, at any Court for which they may 
l>e drawn, once in every three years, and not oftener. 

Sect. 3. It shall be the duty of the several towns and 
districts to provide and have constantly kept in said box, 
ready to be drawn when required, a number of Jurors, 
equal at least to one for every sixty persons which said 
town or district may contain, computing by the last cenr 
sus which may have been taken, next before the prepar- 
ing the box. 

Sect. 4. All other parts of the actherein before recited, 
so far only as the same are inconsistent with the provisions 
of this act, be, and the same hereby are repealed. 

[Approved by the Governour, Feb. 27, 1813.] 

15. To return annually to the commander of the r?g~ 
iment, a schedule of their military stores. 

See title, Militia. 

16. To take care that Tithing men are chosen. 

See title, Tithingmen. 



SEALERS OF LEATHER. 

THE law of 1785, chap. 75, provides for the choice 
of sealers of leather for each town. 

dn Act to encourage the Manufacture of Leather, Boots, 
Half -Boots, Shoes, Pumps, Sandals, Slippers and Go- 
loshoes, and to prevent Fraud therein. 

FROM and after the first day of June went, each 
manufacturer of Leather, or of Boots, Half-Boots, Shoes, 
Pumps, Sandals, Slippers or Goloshoes, shall have the ex- 
clusive right of stamping said articles, by him or her man- 
ufactured, with the initial letter of his or her christian 
21 



242 SEALERS OF WEIGHTS AND MEASURES. 

name, and his or her surname at large, and the name of 
the town or place of his or her abode ; and such stamp- 
ing shall be considered as a warranty that the article 
stamped is merchantable, being made of good materials 
and well manufactured. 

Sect. 2. None of the aforementioned articles shall be 
considered as merchantable unless stamped as aforesaid. 

Sect. 3. Any person who shall fraudulently stamp, or 
aid and abet in fraudulently stamping, either of the arti- 
cles aforesaid, with the name or stamp of any other per- 
son, on due conviction thereof, shall be punished as guilty 
of a fraud, either by fine, not exceeding One Hundred 
Dollars, or by imprisonment, not exceeding six months, 
or by both those punishments, at the discretion of the 
Court having cognizance thereof. 

[This act passed Feb. 27, 1800.] 



SEALERS OF WEIGHTS AND MEAS- 
URES. 

Jin Jiclfor the Bue Regulation of Weights and Measures, 
[Stat. 1799, chap. 60.] 

Sect. 1. The brass and copper Weights and Measures, 
formerly sent out of En gland* with a certificate from the 
Exchequer, to be approved Winchester Measures, accord- 
ing to the Standard in the said Exchequer, and adopted, 
used and allowed in this Commonwealth, be and remain 
the public allowed Standards throughout the same ; by 
which all Weights and Measures shall be tried, proved and 
sealed, in manner as is herein after provided. And it 
shall be the duty of the Treasurer of this Commonwealth 
at the expense thereof, to cause to be had and preserved 
as public Standards, and which shall be used only as such, 
the following Beams, Weights and Measures, to wit: one 
Bushel, one Half- Bushel, one Peck, one Half -Beck, one Ale 
Quart, one Wine Gallon, one ff ine Half Gallon, one Wine 
Quart, one Wine Bint, one Wine Half Pint, and one Wine 
Gill ; said Measures to be made of copper or pewter, con- 
formably, as to contents, to said Winchester Measures, and 



SEALERS OF WEIGHTS AND MEASURES. 243 

as to breadth, that is to say, the diameter of the Bushel* 
not less than eighteen inches and a half containing thirty- 
two Winchester Quarts ; of the Half Bushel, not less than 
thirteen inches and three quarters, containing sixteen 
Winchester Quarts; ot the Peck, not less than ten inches 
and three quarters, containing eight Winchester Quarts : 
and of the Half Peck, not less than nine inches, contain- 
ing four Winchester Quarts ; the admeasurement to bs 
made, in each instance, withinside of the Measure : Also 
one EU, one Yard, one set of brass Weights tofour pounds, 
computed at sixteen ounces to the pound, with tit Scales 
and steel Beam : Also a good Beam and Scales, and a 
nest of Troy Weights, from one hundred and twenty-eight 
ounces, down to the least denomination, with the weight of 
each Weight, and the length of each Measure marked or 
stamped thereon respectively, ami sealed with a seal to be 
procured and kept by the Treasurer aforesaid ; and also 
one fifty-six pound Weight, one Twenty-eight pound 
Weight, one Fourteen jwund Weight, and one seven pound 
Weight, made of iron. 

Sect. 2. It shall be the duty of the Treasurer of each 
county, at the expense thereof, to procure, before the first 
day of September next, one complete set of Beams, and of 
the brass, copper, pewter and iron Weights, and of the 
Measures aforesaid, well tried, proved and sealed by the 
said State Standards, and marked or stamped as afore- 
said ; Said Measures, as to breadth as well as contents, to 
be conformable to the State Standards aforesaid ; which 
the said County-Treasurer shall keep and preserve, for 
the use of the respective counties, and to be used as Stand- 
ards only. And once in te,n years afterwards, the respec- 
tive Treasurers, for the time being, of the several counties, 
shall cause the same to be tried, proved and sealed by the 
Treasurer and Standards of the Commonwealth. And if 
any County -Treasurer shall neglect hi 4 duty in this be- 
half, he shall forfeit and pay, for each neglect, the sum of 
Two hundred dollars, to the use of the Commonwealth, to 
be recovered in an action of debt, in the name of the Com- 
monwealth, in any Court proper to try the same, with costs 
of suit : Provided however, That if any County-Treasurer 
has, within one year next preceding the passing of this 
Act, provided the several Weights and Measures herein 
before specified, and had the same tried and approved by 



244 SEALERS OP WEIGHTS AND MEASURES. 

the Treasurer of this Commonwealth, such County-Treas- 
urer shall not be holden to have such Weights and Meas- 
ures again tried and proved until the expiration of ten years 
from the first day of September next*. 

Sect. 3. It shall be the duty of the Treasurer of each 
town and district within this Commonwealth, at the ex- 
pense of such town or district, to procure, before the first 
day of January nest, and ever after to preserve as Town 
and District Standards, a complete set of the Beams,. 
Weights, and copper or pewter Measures, (wooden half 
bushel, peck and half-peck, see stafc of 1800. chap. 54.) 
conformable to the State Standards as aforesaid; except- 
ing Uowever> the.said iBusM Measure ; and excepting al- 
so, that no Treasurer of any town or district shall be 
bound to procure a nest of Troy Weights other than from 
the lowest denomination to the size of eight ounces, which 
it is hereby made his duty to procure ; all of which he 
shall cause to be well tried, proved and sealed as afore- 
said, either by the Treasurer of this Commonwealth, or of 
the county within which such town or district shall be 
Mluated, and to have the same tried, proved and sealed as 
aforesaid, once in every ten years afterwards. And the 
Slate or County-Treasurer shall be entitled to demand 
and receive, of each Town or District-Treasurer, a fee of 
Three Cents, for the first sealing of any Weight, Meas- 
ure, Scale or Beam, and Two Cents for each and every 
after sealing of the same. And it shall also be the duty of 
Town and District-Treasurers to procure, at the expense 
thereof, and to preserve, a proper Town or District Seal, 
for the purposes hereinafter mentioned. And if any 
Town or District-Treasurer shall neglect his duty in the 
premises, he shall, for each neglect, forfeit and pay One 
Hundred Dollars ; one moiety thereof to the use of the 
poor of the town or district, and the other moiety to him 
o r them who shall sue for the same, to be recovered in an 
action of debt, with costs of suit, in any Court proper to 
try the same. 

Sect. 4. After the first day of January next, it shall be 
the duty of the Selectmen of each town and district in 
this Commonwealth, in the month of March or April an- 



* The providing and keeping the Bushel measure, by Treasur- 
ers, repealed, see June 16, 1800, 



sealers of Weights and measures. 245 

nuallv, to appoint a suitable person to be a Sealer of 
Weights and Measures within the same. And it shall al-> 
so be the duty of the Selectmen in such towns or dis-> 
trictsin this Commonwealth, as shall, at any of their an- 
nual meetings in March or April, which shall be holden 
after the first day of January next, vote to have more 
than one Sealer of Weights and measures within their 
town or district, to appoint suitable persons therefor. And 
the Selectmen of the several towns and districts are 
hereby authorized to remove from office any person or 

Sersons by them appointed as Sealers of Weights and 
leasures, by virtue of this Act. And it shall be the duty 
of the Selectmen, upon any vacancy which shall happen 
in the office of Sealer of Weights and Measures, either by 
death, removal, resignation, refusal to accept, or other- 
wise, immediately to appoint some other suitable person 
to fill the place. And each person who shall be appointed 
to such office shall be notified of his appointment, and 
sworn as other town officers are. And if any person so 
appointed and notified shall refuse or neglect to take such 
oath, for the term of seven days after he shall have re- 
ceived such notice, he shall forfeit and pay Five Dollars, 
to be recovered in the manner, and to the uses other fioes 
are, for refusing to serve in other town offices. And if 
any Selectman shall not duly execute this law, so far as 
to him appertains, he shall forfeit and pay, for each 
month's neglect, the sum of Ten Dollars, to be recovered 
in like manner, and to like uses. And the Treasurers of 
such towns and districts as shall, as aforesaid, vote to 
have more than one Sealer of Weights and Measures 
within their town or district, shall, at the expense thereof, 
procure, and shall preserve the necessary additional 
Seals, Weights and Measures before specified ; so that 
each Sealer in such town or district may have complete 
sets of the same, under like penalties and forfeitures as 
are provided in the third section of this Act. 

Sect. 5. It shall be the duty of each Sealer of Weights 
and Measures, as soon as appointed and sworn, to receive 
of the Town or District-Treasurer, the said town or dis- 
trict Standards and Seal, and to give him a receipt 
therefor, expressing the contents thereof, and the con- 
dition in which the same may be ; and in such receipt 
engaging, at the expiration of his (the said Sealer's) office, 



246 SEALERS OF WEIGHTS AND MEASURES. 

to deliver (he same, in like order and condition, to the 
said Treasurer or his order ; and such Sealer shall be ac- 
countable to the town or district, for the due preserva- 
tion of the same, so long as he shall hold them on such re- 
ceipt. 

Sect. 6. It shall be the further duty of the said Sealer 
of Weights and Measures, in the month of May, in the 
year one thousand eight hundred and one, and in the 
month of May in every year afterwards, to post up writ- 
ten notifications in the several parts of the town or dis- 
trict, expressing therein the time and place, when and 
where he will attend such of the inhabitants as live with- 
in the limits described in his notification, and seal all 
such of their great and small Beams, Weights and Meas- 
ures, as they shall bring in for that purpose. And the 
said Sealer shall be entitled to demand and receive, for 
trying and proving by said Town and District Standards, 
and sealing, as aforesaid, three cents for each Beam, 
Weight and Measure found to be not conformable to said 
Standards, and one pent and Jive mills for each Beam, 
Weight and Measure found to be conformable thereto. 
And the said Sealer shall deface and destroy all Weights 
and Measures which cannot be brought to their just Stan- 
dards. 

Sect. 7. The said Sealer be and he hereby is authoriz- 
ed and required to go to the houses of such innholders, 
and to the warehouses, stores and shops of such merchants, 
traders and retailers of spirituous liquors, and authoriz- 
ed to go to the houses of such of the other inhabitants as 
shall neglect, as aforesaid, to bring or send in the said 
Beams, Weights and Measures ; and there (at their said 
houses, stores, &hops and warehouses) tatry, prove and 
seal the same Beams, Weights and Measures. And the 
Sealer shall have a right to demand and receive therefor 
Four Cents, for each and every mile he shall necessarily 
travel for that purpose, going out and returning home, and 
double his fees aforesaid, of the owner, to be recovered 
by action of debt, or on the case, with costs, in any Court 
proper to try the same. And if any such person or per- 
sons shall i efuse or neglect to have his, her or their Beams, 
Weights or Measures so tried, proved and sealed, he, 
she or they shall forfeit and pay Ten Dollars for each of- 
fence; one moiety to the use of the poor of the town or 



SEALERS OF WEIGHTS AND MEASURES. £47 

district, and the other moiety to the Sealer, to be recov- 
ered in an action of debt, with costs, as aforesaid. And 
if any Sealer of Weights and Measures shall neglect his 
duty "in any of the cases in this Act specified, he shall, for 
each neglect, forfeit and pay not less than Five nor more 
than Ten Dollars ; one moiety thereof to the poor of the 
town or district, and the other moiety to the informer, to 
be recovered by an action of debt, or on the case, with 
costs as aforesaid. (This section repealed as to Boston* 
See Stat. 1817. chap. 50.) 

Seot. 8. AH Measures by which meal, fruit or any 
other thing usually sold by heaped measures shall be sold, 
shall be conformable, as to capacity and breadth, to the 
public allowed Standards aforesaid. And if any person 
shall sell or expose to sale, any meal, fruit or other thing, 
usually sold by heaped measure, by any other measure, as 
to capacity and breadth, than is before mentioned, or shall 
sell, or expose to sale* any goods, wares or merchandize, 
grain or other commodity whatsoever, by any other Reams, 
Weights or Measures than those sealed as aforesaid, he 
shall forfeit and pay, for each offence, not le^s than One 
Dollar, nor more than Ten Dollars, according to the cir- 
cumstances of the case; one moiety thereof to the use of 
the poor of the town or district, and the other moiety to 
the said Sealer, or to him or them who shall sue for the 
same, to be recovered in an action of debt or on the case, 
with costs of suit, in any Court proper to try the same* 

Sect. 9. This Act shall take effect and be in force 
from and after the first day of January next, and until 
such time as the Congress of the United States shall have 
fixed by law the Standard of Weights and Measures £ 
and that the several Acts, tha subject-matter whereof is 
herein contained, and which were passed previa js to the 
year one thousand seven hundred and eighty-one, be and 
the same hereby are repealed, and shall cease to operate 
on and after that day, except so far as may respect any 
fines or forfeitures which have been, or before that day 
may be incurred under the same. 

Sect. 10. Provided however, That the first, second 
md third sections of this Act shall be considered as ope- 
rating and having force and effect, from the passing here- 
of; and that that part of the eighth section of this vet 
vhich respects forfeitures and penalties, shall not operate 



248 SEALERS OF WEIGHTS AND MEASURES. 

or have effect until the first day of June, in the year one 
thousand eight hundred and one ; and that such parts of 
the several Acts aforesaid, hereby to be repealed, as relate 
to the subject-matter of the eighth section of this Act, 
shall continue in force to the same first day of Jtme, and 
until the recovery of such fines, forfeitures, and penalties 
as may be incurred under the same previous to that day ; 
any thing herein before contained to the contrary notwith- 
standing. 

[This Act passed February £6, 1800.] 

An Act in addition to an Act, entitled, " An Act for the 
due Regulation of Weights and Measures." 

THE time allowed to each County Treasurer with- 
in this Commonwealth, to procure one complete sett of 
beams, and of the brass, copper, pewter and iron weights 
and measures, well tried, proved and sealed by the State 
standards, as required in the act to which this is in ad- 
dition, be extended to the first day of January, in the 
year of our Lord one thousand eight hundred and two ; 
and that the time allowed to the Treasurer of each town 
and district within this Commonwealth, to procure a com- 
plete sett of the beams, weights, and copper or pewter meas- 
ures, conformable to the State standards, as required in 
the Act to wHch this is in addition, be extended to the 
first day of January, in the year of our Lord one thous- 
and eight hundred and three. 

Sect. 2. No prosecution be instituted against any 
Treasurer, for any neglect in procuring said weights and 
measures, previous to passing this act. 

Sect. 3. It shall be lawful for the Treasurer of any town 
or district aforesaid, to procure a wooden half-bushel, 
peck, and half-peck, conformable as te breadth and con- 
tents to the copper or pewter measures of the same de- 
nomination, required by the act to which this is in addi- 
tion, which wooden measures, when tried, proved and 
sealed, in manner as provided by the said recited act shall 
be considered and allowed as the standard of such town 
or district, in lieu of such copper or pewter measures 
aforesaid, and shall have the same force and effectin law ; 



SEALERS OF WEIGHTS AND MEASURES. 249 

any thing in the act to which this is in addition to the con- 
trary notwithstanding. 

[This act passed February 26, 1801.] 

An Act in addition to an Act, entitled, rt An Act for the 
due regulation of Weights and Measures." 

[1803, chap. 141.] 
WHEREAS the troy weights used by the treas- 
urer of this Commonwealth as state standards, have, by 
long use, diminished, and undergone an alteration in their 
proportions : 

Sect. I. For correcting the disproportions and repair- 
ing the diminution aforesaid, the treasurer be, and he 
hereby is authorized and directed to add or cause to be 
added, to the said troy weights respectively, as follows, 
viz. To the weight of one hundred and twenty-eight 
ounces, the further weight of twenty-seven grains; to the 
weight of sixty-four ounces, the further weight of fifteen 
grains ; to the weight of thirty-two ounces, the further 
weight of six grains ; to the weight of sixteen ounces, the 
further weight of seven grains ; to the weight of eight 
ounces, the further weight of four and an half grains; to 
the weight of four ounces, the further weight of two and 
an half grains ; to the weight of two ounces, the further 
weight of two and an half grains ; to the weight of one 
ounce, the further weight of two grains ; to the weight of 
half an ounce, the further weight of one quarter of a grain ; 
or procure new weights of the same denomination, and 
conformable to the said state standards, with the additions 
aforesaid respectively ; which weights, so corrected, shall 
be the standards of troy weight for this Commonwealth. 

Siicx. 2. The directors of the several banks, which are 
or shall be incorporated within this Commonwealth, shall 
annually in the month of June, at the expense of said 
banks, have all the weights used in their respective banks, 
compared, proved and sealed by the treasurer, or by some 
person specially authorized by him for that purpose ; which 
shall supersede, so far as respects such banks, the sealing 
of troy weights by the town or district sealer, as required 
by the act to which this is in addition ; and no tender of 
gold by any bank in this Commonwealth, weighed with 
weights other than those compared, proved and sealed as 



250 SURVEYORS OF HIGHWAYS. 

aforesaid, shall be legal. And to prevent the unavoidable 
imperfection of scale-beams from operating unequally irr 
payments of gold, the payer or receiver may require that 
the gold shall be weighed in each scale, so that the ine- 
quality of the different ends of the beam, if any, may be 
ascertained, and the mean weight resulting therefrom shall 
be considered as the true weight of the parcel of gold so 
to be paid or received. 

Sect. 3. It shall be the duty of the several county 
treasurers, at the expense of their respective counties, be^ 
fore the first day of July next, and once in every ten 
years afterwards, to have their county standards of troy 
weight compared, proved and sealed by the treasurer of 
the Commonwealth, or soipe person by him thereto spe- 
cially authorized ; and it shall be the duty of the treasur- 
ers of the several towns and districts, at the expense of 
their respective towns and districts, within one year after 
the first day of July next, and once in every ten years af- 
terwards, to have their town and district standards of troy 
weight compared, proved and sealed by the treasurer of 
the Commonwealth or of the county wherein such town or 
district shall be, or some person thereto specially authoriz- 
ed by said state or county treasurer. 

[This act passed March 9, 1804.] 



SURVEYORS OF HIGHWAYS. 

An Act making provision for the repair and amendment of 
Highways. 

ALL highways, town-ways, causeways, and bridg- 
es, lying and being within the bounds of any town, shall 
be kept in repair and amended from time to time, that the 
same may be safe and convenient for travellers, with their 
horses, teams, carts, and carriages, at all seasons of the 
year, at the proper charge and expense of the inhabitants 
of such town (where other sufficient provision is not made 
therefor) and there shall be chosen two or more suitable 
persons in each town, at the annual meeting in March or 



SURVEYORS OF HIGHWAYS. 25l 

April, who shall be denominated Surveyors of Highways, 
to be notified and sworn in like manner as other officers 
4 of the same town, and in case of refusal to serve, shall for- 
feit and pay the sum of Three Pounds, to the use of such 
town, district or plantation : Provided, no person shall be 
held and obliged to serve more than one year in three 
years ; and the Surveyors thus chosen and sworn, shall have 
full power and authority to cut down, lop oft' dig up and 
remove all sorts of trees, bushes, stones, fences, rails, 
j gates, bars, inclosures, or other matter or thing that shall 
( any way straiten, hurt, hinder or incommode the highway 
or town way, and also to dig for stone, gravel, clay, marie, 
sand, or earth, in any land not planted or inclosed, and the 
materials thus dug up, to remove to such place or places 
in the highways, for the repair and amendment thereof, as 
. they shall determine necessary. 

Provided always, that no surveyor of highways shall 
cause any water-course, occasioned by the wash of any 
.[highway or town-way, to be so conveyed by the side of 
such highway as to incommode any person's house, store, 
shop, or other building, or to obstruct any person or per- 
sons in the prosecution of his or her business or occupa- 
tion, without the approbation and consent of the select- 
men of such town or otner place, signified, in writing, to 
such Surveyor ; and any person or persons who may con- 
sider him or herself to be aggrieved by such water-course, 
may complain to the selectmen of such town or other 
place; and the selectmen, on receiving such complaint, 
shall proceed to view such water-course so complained of, 
and after attending to the circumstances of the same* 
shall, if they think it reasonable, direct such Surveyor to 
alter the said water-course in such way and manner as 
I they shall think just and proper ; and when the highways 
are blocked up, or incumbered with snow, the Surveyors 
shall forthwith cause so much thereof to be removed, or 
trod down, as will render the roads passable. 

Sect. 2, The selectmen or assessors of each town are 
ie authorized, empowered and directed, to assign and appoint, 
if in writing, annually, to the Surveyors, their several limits 
ie and divisions of the highways and town- ways, for repair 
is and amendment, unto which assignments the said Sur- 
le veyors are directed to observe and conform themselves. 
Ie 



25'S SURVEYORS OF HIGHWAYS. 

Sect. S* Each town, at some public meeting of the in- 
habitants thereof, regularly notified and warned, shall 
vote and raise such sum of money, to be expended in la- 
bour and materials on the highways and town- ways, as 
they shall determine necessary for the purpose : And the 
assessors shall assess the same on the polls and rateable 
estate, personal and real, of the inhabitants, residents and 
non-residents of their town, as other town charges are by 
law assessed, and deliver to each Surveyor a list of the 
persons, and the sums at which they are severally assess- 
ed, for his limits. And the Surveyor shall give reasona- 
ble notice (in writing, if desired) to each person in his 
list, of the sum he is assessed to the highways and town- 
ways, and also to the inhabitants within his district, as- 
sessed as aforesaid, six days' notice (extraordinary casu- 
alty excepted) of the times and places he shall appoint for 
presiding materials and labouring; to the end, each per- 
son may have opportunity to work on the highways and 
town-ways, in person or by his substitute, or with his 
oxen, horses, cart and plough, at the rates and prices the 
town shall affix to such labour, to the full amount of the 
sum at which he is assessed ; or he may pay the Survey- 
or in money the sum he is assessed, in which case, the 
Surveyor shall carefully expend the sums thus paid, in 
abour and materials, for repairing the highways and town- 
ways in his limits, according to his best discretion. And 
the Surveyor, at the expiration of his term, shall render 
to the assessors, for the time being, a list of such persons 
as shall have been deficient (if any such there be) in work- 
ing out their highway rate ; or otherways paying him the 
sum assessed therefor ; which deficient sums shall by the 
assessors be put in a distinct column, in the next assess- 
ment for the town tax, arid collected toy the Constable or 
Collector thereof, as other town taxes are collected and 
paid into the town treasury, for the use of the town. 

Sect. 4. When the sum appropriated and assessed for 
the repair of the highways and town-ways, in the limits 
of any particular Surveyor, shall not fully answer, or be 
insufficient for that purpose, it shall be lawful for the Sur- 
veyor, with the consent of the selectmen, or the major 
part of them, where such deficiency happens, to employ 
such of the inhabitants of the town, upon the repair of the 
ways in his limits, as shall make up that deficiency ; and 



SURVEYORS OF HIGHWAYS. 253 

the persons thus employed shall be equitably paid out of 
the town treasury therefor. 

Sect. 5. It shall be lawful for any person to pull down 
and remove any gates, rails, bars or fence, upon or across 
any highway or county road, unless such gate, bars or 
fence have been erected or continued by the leave and 
license of the Court of General Sessions of the Peace, for 
t:ae same county ; and if any such incumbrance be in or 
across any private way, the same may be removed by the 
order of some Justice of the Peace of the same county, 
unless the gate or bars were erected or continued by the 
leave of the town, or the person or persons for whose par- 
ticular use and benefit the private way was laid out : And 
any person aggrieved by the removal of such gate, bars or 
fence, shall be relieved at the Court of Genera! Sessions 
of the Peace for the same county, if, upon examination, 
it shall appear, that the same were erected or continued 
by license or leave as aforesaid. 

Sect. 6. When any building, fence, or other incum- 
brance erected, or continued on any town or private way, 
or on any pubiic highway, a common training-field, btt- 
rving-place, landing-place, or other piece of land, appro- 
priated for the general use, ease, or convenience of the 
community at large, or t ] a^ inhabitants of any county 
town, district, parish or precinct, shall, by any Court hav, 
ing^fcognizance thereof, be adjudged and determined - 
nuisance, and ordered to be abated, in case the material* 
of such building, fences or other incumbrance, upon s 
public sale thereof at auction, shall be insufficient to paa 
the costs and charges of prosecution and removal ; thy 
Court from whence the process for removal shall issuee 
shall and may order the deficient sum to be raised -and 
levied from the goods and chattels of the person or per-^ 
sons who shall be convicted of erecting or continuing the 
same. 

Sect. 7. If any person shall lose a limb, break a bone, 
or receive any other injury in hi3 person, or in his horse, 
team, or other property, through any defect, or want of 
necessary repair and amendment of any highway, cause- 
way, or bridge ; the person or persons injured thereby, 
shall and may recover of the county, town, the pers >n or 
persons who are by law obliged to keep the same highway, 
causeway, or bridge in repair, in case they had reasonable 
22 



254 SURVEYORS OF HIGHWAYS. 

notice of the defect* double the damages thereby sustained, 
by a special action of the case, before any Court proper to 
hear and determine the same. And if the life of any per- 
son shall be lost through the deficiency of the way, cause- 
way, or bridge, or for want of rails on any bridge, the 
county, town, or persons who are bylaw obliged to re- 
pair and amend the same, shall be liable to be amerced in 
One hundred Pounds , to be paid to the executor or admin- 
istrator of the deceased, for the use of the heirs, devisees 
or creditors, upon a conviction before the Court of Gener- 
al Sessions of the Peace, or Supreme Judicial Court, on a 
presentment or indictment of the Grand Jury. Provided, 
The county, town, or other person or persons, who of right 
ought to maintain and keep the same in repair, had been 
previously notified of such want of repair and amendment, 
in writing, under the hands of two or more credible wit- 
nesses, or by the presentment of the Grand Jury, or by 
information of the Attorney-General, or the pereon acting 
for the Government in his absence, filed in the Court of 
General Sessions of the Peace, or the Supreme Judicial 
Court. 

Sect. 8. If any town shall neglect to vote or agree up- 
on a sum to be assessed for the express purpose of repair- 
ing and amending the highways and town-ways, or shall 
not otherwise provide for effectually amending and re- 
raising such ways, each Surveyor shall assign to therfev- 
erai persons in his limits, their rateable proportion of days 
\a ork, and of cart, team and plough, according to his real 
and personal property, as near as he can, and shall assign 
certain days for amending and repairing the ways, having 
regard to the season of the year, and give notice thereof 
to the persons in his limits, upwards of sixteen years of 
age, and liable by law to be taxed, six days at least before 
the time assigned (except in extraordinary cases) to at- 
tend the service with suitable tools, and with carts and 
teams (if any they have) the notice to be in writing and 
delivered the person, or left at his usual place of abode ; 
and if any person, being thus notified, shall make default 
of attending and working, by himself or other sufficient 
person in his stead, or with his cart and team, as he shall 
be appointed and assigned, he shall forfeit and pay 
Five Shillings for each day's neglect, and for de- 
fault of his cart and team with a driver, ten shillings 
a day, and in that proportion for a longer or shorter 



SURVEYORS OF HIGHWAYS. 255 

space of time, one mtfiety to the use of the town, to be ex- 
pended on the highways and town -ways as the select- 
men shall order, and the other moiety to the use of the 
Surveyor, to be recovered by complaint, before any Jus- 
lice in the same county. Provided, The same he made 
in one year after the forfeitures are incurred, and not af- 
terwards, according to the form hereafter prescribed ; in 
which prosecution, the Surveyor may be admitted as an 
evidence, as to the time and manner of notice, ajul the 
quantum of labour assigned to the adverse party. And 
the penalties incurred by servants or minors, shall be reco- 
vered of the parents, masters or guardians, under whose 
immediate care and control they may then be-. 

Sect. 9. The following shall be the form of the Sur- 
veyor's complaint to a Justice upon such occasion, viz. 
To A. B. one of the Justices of the Peace for the coun- 
ty of S. complains C. D. of R. in the same county 
[addition] and one of the Surveyors of highways in 
the said town of R. for the year duly appointed 

and sworn, that P. D. of R. aforesaid [addition] a 
person by law liable to work on the highways (or $. /J. 
a son or servant, or ward, as the case may be) within 
the limits assigned the complainant, in the same town, 
was assessed days (or with his cart, team, &c. 

as the case may be) and was duly notified to attend $ 
and work out the same on the day or days 

of yet the said P. D. did not appear and work 

in person, nor did he send a sufficient substitute in 
his stead, but made default therein, whereby he hath 
forfeited, and ought to pay to the complainant the 
sum of one moiety to the use of the said town 

of R. to be expended on the highways and town -ways 
therein, as the Selectmen thereof shall direct, and 
the other moiety to the use of the con?plainant ; where- 
fore he prays that the-said P. D. may be cited to ap- 
pear, at a short day, to shew cause (if any he has) 
wherefore a warrant of distress ought not to issue, to 
levy the said forfeitures upon the goods and estate 
of the said P. I). and in want thereof on his body, 
with reasonable costs, &x. C. D. 

Upon which complaint, the Justice may issue a warrant 
to some sworn officer, to notify the respondent, at a time 
and place therein mentioned, to appear and shew cause 



256 SURVEYORS OF HIGHWAYS. 

(if any he has) wherefore a warrant of distress should not 
issue. Which warrant may be served by reading the same 
with the complaint annexed to the respondent, seven days 
at least before the day assigned for a hearing, or leaving 
an attested copy thereof at the respondent's usual place of 
abode, seven days or more before the day of trial. And 
if the respondent, being notified as aforesaid, shall not ap- 
pear, or appearing, shall not, in the opinion of the Justice 
(from whose determination herein no appeal shall be made) 
shew sufficient cause, he shall enter up judgment thereon, 
that a warrant of distress issue for such, or so much of the 
sums prosecuted for, as shall appear forfeited, and costs. 
But in case the respondent shall make it appear, that he 
was unreasonably assessed, or that he was not duly noti- 
fied thereof, or shall make any other legal or sufficient ex- 
cuse to exempt him fully from the forfeitures, the Justice 
shall enter upjudgment that the respondent be acquitted 
and discharged from the forfeitures for which he is now 
prosecuted, and that he recover against the complainant 
las costs. And the warrant of distress for levying the 
forfeitures, when the same shall appear to be incurred, 
shall run in the form following, viz, 
S-— — ss. 
(SEAL.) 

To the Sheriff of the county of S. or his deputy, 
or constable of the toivnofll.in said county, 

Greeting. 
WHEREAS P. i). of I?, aforesaid [addition] on the 
day of did not appear before me, 

A. B. Esq. one of the Justices of the Peace for the 
county of S. to answer the complaint of C. 1). of said 
R. [addition] and one of the Surveyors of Highways 
for said town, for the year for not working on 

the highways and townways, in said town, as he was 
assigned by the said C. Dl who requested a warrant 
of distress to issue, for the sum of Shit* 

lings, incurred by his neglect in that behalf, and for 
his costs, agreeably to the statute in that case made 
and provided, although duly summoned for that pur- 
pose (or appearing before me, Jt. B. Esq. one of the 
Justices of the Peace for the county of >S T . to answer 
to the complaint of C. B. of said B. [addition] and 
one of the Surveyors of Highways in said town for 



• SURVEYORS OF HIGHWAYS. 257 

the year for not working, in person, or with his 

team and cart, &c. on the highways and townwaysin 
said town, as he was assigned by the said C. D. did 
not shew sufficient cause, wherefore a warrant of dis- 
tress should not issue for the sum of Shillings, 
incurred by his neglect in that behalf, and for costs, 
agreeably to the statute in that case made and pro- 
vided) and judgment was thereupon rendered, that a 
warrant of distress should issue, for Shillings, 
being the forfeiture thus incurred, one moiety thereof 
to the use of the town of R. to be expended on tlie 
highways and town ways therein, as the selectmen 
thereof shall order, and the other moiety for the use 
of the said C. J), and cost taxed at which judo;- 
ment is now in full force. You are therefore, in the 
name of the Commonwealth of Massachusetts, hereby 
commanded, that you cause to be paid and satisfied 
in money, to the said C. D. by distress and sale of 
the goods and chattels of the said P. I), the aforesaid 
sums, amounting in the whole to and one shil- 
ling and six pence more for this precept, together 
with your own legal fees (returning the overplus to 
the said P. D. if any there be) and for want of goods 
and chattels of the said P. D. to be by him shewn un- 
to you, or found in your precinct, sufficient to levy 
the sums aforesaid, you are to take the body of the 
said P. D. and him commit to the common gaol of the 
said county of S. and the keeper thereof is directed 
to detain him there until he pay the sums aforesaid, 
with your legal fees, or he be therefrom discharged 
by order of law: Hereof fail not, and make due re- 
turn of this precept, with your doings thereon, unto 
myself, within forty days next coming. Given un- 
der my hand and seal at R. aforesaid, this day 
of 

Jinno Domini, \7 *#. B. Justice of Peace, 

Sect. 10. Each Surveyor of Highways who shall ac- 
cept the said trust and shall neglect his duty therein, shall 
forfeit and pay for each neglect, the sum of three pounds, 
one moiety to him that will prosecute therefor, and the 
other moiety to the use of the town whereof the delinquent 
is a Surveyor, to be recovered by action of debt, before 
any Justice of the Peace for the same countw 



258 SURVEYORS OP HIGHWAYS. 

Sect. 11. In case the inhabitants of any town shall be 
fi.jed upon the presentment of the Grand jury, or upon the 
information of the Attorney General, or the person acting 
he the government in his absence, for a deficiency in the 
highways, the Surveyor, within whose limits the deficient 
ways are, shall be liable to refund the same, with ail costs, 
to the said inhabitants, upon an action of the case to be 
brought therefor. Or the Surveyor of Highways may be 
prosecuted on presentment or information as aforesaid, 
and fined for any deficiency that may arise in his limits. 
And the inhabitants of any town, merely as such, shall 
not be excluded from being witnesses, upon any prosecu- 
tions upon this statute, upon a supposition of being inter- 
ested as members of the corporation. 

Provided nevertheless, That nothing in this act shall be 
so construed, as to give power to any surveyor or other 
persons, to remove or pull down any fence which may be 
lawfully set up, or erected upon, or across anyway, for 
the purpose of preventing the spreading of infectious dis- 
orders. 

This act to be in force from and after the first day of 
September, one thousand seven hundred and eighty-seven, 
['I his act passed March 5, 1787.] 

Jkm Set in addition to the several Acts now in force, re- 
ypecting Highways. 

THE inhabitants of Plantations unincorporated, 
who are or shall he empowered and required to assess 
Taxes upon themselves towards the support of Govern- 
ment, or for defraying the charges of any county , shall be 
vested with like powers, be under the like obligations, 
and liable to like penalties, so far as such powers, obliga- 
tions and penalties have any relation to the making, re- 
pairing or amending the Highways, and for compensating 
any individual who may suffer damage by laying out any 
Highway, as the Towns within this Commonwealth have, 
are under, or subject to; and like proceedings shall be 
had by and against such Plantations as may be had by or 
against said Towns in every case respecting the high- 
ways, midatis mutandis. And the Assessors of such 
Plantations shall be held to perform all the duties, requir- 



SURVEYORS OF HIGHWAYS. £53 

eti of the Selectmen of towns relating to Highways, and 
invested with the same powers. 

% All Highways laid out, or hereafter to be laid out", 
through any tracts ot land in the Commonwealth, not 
comprehended within ^he bounds of any incorporated 
Town or Plantation aforesaid, shall be made passable ami 
convenient for travelling, and kept in good repair by the 
Owners or Proprietors of the said Tract of Land, Town- 
ship, or Plantation ; unless in the judgment of the Court 
of General Sessions of the Peace for the county in which 
such lands lie, it may be deemed unreasonable ; in which 
case the same shall be done at the expense of the county, 
or partly at the expense of the county and partly at the 
expense of the Proprietors, as the said Court shall order. 
And ail the Proprietors or Owners of such Tracts of Land, 
Townships or plantations last mentioned, shall be held to 
pay their proportions according to their interest, of all 
cost and expenses of making and repairing the ways 
aforesaid, through any part of the Tracts, Townships, or 
Plantations last mentioned. Provided nevertheless, That 
all lands reserved for the use of the* first settled Minister, 
the ministry, schools, or for the future appropriation of the 
General Court, in the said Tracts, Plantations, and Town- 
ships last mentioned, shall be, and hereby are exempted 
from all taxes for making and repairing Highways therein. 

3. The Courts of General Sessions of the Peace in the 
several counties in this Commonwealth, whenever appli- 
cation shall be made to them to lay out any new Highway* 
through any such Tract, Township or Plantation last men- 
tioned, or for an order thereof to amend and repair any 
Highway already laid out in the same, the said Court shall 
cause notice thereof to he given, by publishing the sub- 
stance of such application three weeks successive! v, in 
one of the Newspapers printed in the town of Boston^ 
and such other paper as the said Court shall direct, in or- 
der that the Proprietors of said lands may appear before 
said Court, at suchMme as the Court shall therein prefix, 
and shew cause why such Highway should not be laid out 
or amended as the case may be. And if such Proprietors 
dci not appear and shew cause to the satisfaction of said 
Court, that such Highway ought not to be laid out, or made, 
or amended, at the expense of said Proprietors, then the 
3aid Court may proceed to lay out such Highway in the 



260 SURVEYORS OF HIGHWAYS. 

manner prescribed by law, and to order the same to be 
made or amended at the expense of the said Proprietors, 
as the case should require, and shall cause an assessment 
to be made on such Tracts of Land, ^Township or Planta- 
tion, at so much per acre as they* shall judge necessary 
for making or amending such Highway, and defraying the 
necessary expense attending the same ; and the Proprie- 
tors of the said Tracts, Townships or Plantations last 
mentioned, where the lands therein are held in severalty*, 
shall be assessed their respective proportions in every tax: 
which may be ordered for making or repairing the High- 
ways therein ; Provided such proprietors shall previously 
furnish said Court with proper documents for that pur- 
pose; and the Treasurer of the county wherein the land 
so assessed may lie, shall forthwith cause such tax to be 
advertised in manner aforesaid, requiring each and every 
owner or proprietor of any part of the tract, township or 
plantation last mentioned/to pay said tax, or if the assess- 
ment is made in severalty, his part thereof, to said treas- 
urer, within six months from the first publishing said ad- 
vertisement, and notifying such proprietors, that unless 
the same shall be paid within the time specified, so much 
of the said land will be sold at public vendue, at a certain 
day and place in the said advertisement to be expressed ; 
and when any proprietor or owner of any part of such 
tract, township or plantation last mentioned, (the parts 
thereof not being severally assessed) shall pay his pro : 
portion of such tax, he shall take a receipt therefor, de- 
scribing the land for which he shall pay such tax ; and 
so much of the remaining part of such land for which said 
tax shall not be paid, before the expiration of the said six 
months, shall be sold by the treasurer aforesaid, or his 
successor in office, or such Committee as the Court of 
General Sessions of the Peace aforesaid shall appoint for 
that purpose, at the time and place set forth in the adver- 
tisement, as may be necessary to pay the remaining part 
of said tax with incidental charges. j\nd the said treas- 
urer or committee are hereby authorized to adjourn the 
time of sale of such land from day to day, if he or they 
shall judge it necessary, not exceeding three days, and 
make a good and sufficient deed or deeds of such lands, 
allowing the same time of redemption, and subject to th^ 
payment of the like interest, as is by law allowed in the 



I 



SURVEYORS OF HIGHWAYS. 261 



;5es of land sold for taxes ; and the money so raised 
shall be applied by said Court, or by a committee to be by 
them appointed for that purpose, to make and repair said 
Highways. And a similar method shall be taken Iron* 
time to time by said Court, for keeping in repair all High- 
ways leading through such tracts, townships or plantations 
last mentioned, in case the owners thereof shall neglect 
to keep said Highway in sufficient repair. And the own- 
ers and proprietors of any such tract, township or planta- 
1 tion last mentioned, are hereby authorized to call meet- 
ings for the purpose of raising such sums of money aa they 
may judge necessary for making and repairing such High- 
ways, and for choosing officers for assessing and collect- 
ing the same. 

4. It shall be the duty of the Selectmen of the several 
towns and districts, and of the assessors of the several 
plantations within this Commonwealth, before the first day 
of % May annually, to assign to the several Surveyors their 
divisions and limits for making and repairing the high- 
ways; and one half of the sum at least, which shall be 
agreed upon and granted by any town or district for mak- 
ing and repairing the highways, shall be laid out and ex- 
pended for that purpose before the first day of July next 
after granting the same. 

And when any town/district or plantation shall neglect 
to raise money for the purpose of making and repairing 
the highways and town ways as aforesaid, it shall be the 
duty of the several Surveyors in such towns to cause so 
much labour to be done on the said ways [in their respec- 
tive districts, before the first day of July, as shall amount 
to ons half at least of the expenses of repairing said ways] 
the year next preceding. 

5. Every town or district may at their aforesaid annual 
meeting, or any meeting warned for that purpose, authorize 
their Surveyors, or any other pprson or persons, to enter in- 
to any contract or contracts for making or repairing the 
highways or town ways within the same, or any part 
thereof, and may also empower their Surveyors of high- 
ways, to collect taxes for making and repairing the ways> 
wjhich shall not be paid in labour or otherwise, within the 
time limited bylaw, or such periods as may be agreed 
upon by such town or district ; and for that purpose the 
assessors shall deliver to them warrants of distress, which 



£62 SURVEYORS OF HIGHWAYS. 

shall be in the form prescribed by law for collecting oihe¥ 
town or district taxes, mutatis mutandis ; or they may 
deliver to the collector or collectors of taxes a warrant for 
collecting the deficiency in any highway tax, which the 
collector is hereby empowered and required to levy m 
the same way and manner, as other taxes are by law to 
be collected, and pay the same over to the surveyor or 
surveyors, who shalf be held to account with the select- 
men for the expenditure thereof. And if any money shall 
remain unexpended in the hands of the surveyor or sur- 
veyor after the expiration of their office, they shall pay 
the same to the town treasurer. And if any surveyor 
shall neglect to pay over such sums to the said treasurer 
on demand, the said treasurer, or his successor in that of- 
fice, shall have power to recover the same, in an action 
upon the case, with twenty per cent, in addition thereto, 
to the use of the town or district, and with costs of suit. 
And if, pending the action, another town or district treas- 
urer shall be appointed, he, on noting his appearance on 
the record, shall have power to pursue the same action to 
final judgment and execution. And if any surveyor, who 
receives his rate bill of the selectmen or assessors of any 
town or district, shall neglect to exhibit the same to them 
on the first Monday of July annually ; and also at the ex- 
piration of the term for which he shall be appointed, and 
at those times respectively ta render an account of all 
monies that have been expended on the ways, he, for each 
offence, shall forfeit and pay tiventy dollars, to be recov- 
ered in an action of debt, with costs of suit, by the said 
treasurer as aforesaid, and to the uses aforesaid. 

6. When any new Highway has been, or shall Jiave 
been laid out, and accepted by the Court of General Ses- 
sions of the Peace, a reasonable time shall be allowed to 
the Town or District, or any plantation assessed in any 
State or county tax, through which such Highway shall 
lead, to make it passable, safe and convenient for travel- 
lers and others passing with their teams, waggons or oth- 
er carriages, provided that such time shail not exceed 
twelvemonths from the time of such acceptance, unless 
said Court shall, for reasons specially given, order a lon- 
ger time. And if any Town, District or Plantation afore- 
said, shall neglect their duty in that respect, the said 
Court, on application therefor, shall appoint a Committee 



SURVEYORS OF HIGHWAYS. 265 

three disinterested freeholders in the same county, to 
ynfev in«o any contract or contracts for making such new 
highway passable as aforesaid, the expense of which shall 
be immediately afterwards defrayed by the delinquent 
Town, District or Plantation last mentioned ; and in de- 
fault thereof, the said Court shall "issue a warrant of dis- 
tress against such town, district or plantation. 

7. The lands of non-resident proprietors, shall be taxed 
for the making and repairing Highways, in the same way 
they are taxed for other town or county taxes; and upon 
default of payment, the same proceedings shall be had as 

I is provided for the collection of other taxes from such 
persons, and without any other notice. 

Whereas, by law it is made the duty of Surveyors of 
the Highways, when the same are blocked up or incum- 
bered with snow, forthwith to cause so much thereof to 
be removed or trod down, as will render the roads pass- 
able, which cannot be conveniently effected by a tax grant- 
ed for chat purpose : 

8. AH such incumbrances may be removed in the man- 
ner the same might be done in any Town or District who 
shall neglect to vote or agree upon a sum for the express 
purpose of repairing the Highways and Town w r ays ; 

I Provided, That any town or district shall agree upon 
that mode of removing such incumbrances in the month of 
March or April annually, any law to the contrary not- 
withstanding. 

[Passed February 28, 1797.] 

THE statute of 1818, chap. 121, provides, That 
towns having a population of 800 inhabitants, may vote 
to raise any sum of money, to be laid out for the making 
and repairing highways, as they may deem necessary ; 
and may direct the same to be assessed in money on the 
polls and rateable estate, of the inhabitants, residents and 
non-residents of their town, as other town charges are by 
law assessed ; and committed to the collector as other 
town charges a re collected and paid, any law to the con- 
trary notwithstanding. 

A surveyor of highways is obliged by law effectually 
to repair the ays within his district: and if the town 
■has not raised sufficient money for that pu.pose, he may 
cause the repairs to be made by the labour of the inhabi- 



204 SURVEYORS OF PRIVATE WAYS. 

tants, who are liable to a penalty for refusing to obey his 
directions, or he may make the repairs at his own expense 
and have his remedy against the town. 5 Mass, Rep. 
294. 



SURVEYORS OF PRIVATE WAYS. 

Jin Jltt for enabling Proprietors of private tvays and 
Bridges to repair them in equal Proportion. 

WHEN and so often as any number of the pro* 
prietors and rightful s occupants of any private way or 
bridge, where there are four, or more than four of them, 
shall judge a proprietors' meeting necessary, three of 
them, applying to a Justice of the Peace within and for 
the county where the said: way or bridge lies, such Justice 
is hereby authorized and empowered to grant a warrant 
for calling the same, or otherwise one fourth part of the 
said proprietors may, of themselves, call such meeting; 
in either case to be done by warrant under the hand of the 
said Justice, posted up in some public place or places, in 
the town or towns where the said proprietors and rightful 
occupants live respectively, seven days at least before the 
time appointed for such meeting, signifying the time, 
place, and business thereof; and the major part of the 
proprietors and rightful occupants so assembled, shall have 
full power to determine, by a major vote, on any other 
way of calling meetings in future, and to choose a Clerk 
and Surveyor, who shall be sworn to the faithful discharge 
of their respective trusts, as town officers are, and to de- 
termine what repairs on the said way or ways, bridge or 
bridges are necessary ; and also each proprietor's and oc- 
cupant's proportion of labour and materials necessary for 
repairing the said way or ways, bridge or bridges ; and 
such Surveyor, so chosen and sworn, shall have the same 
power with respect to such ways or bridges, as the Sur- 
veyors of Highways are by law invested with, and shall 
be governed by the same rules as are prescribed by law 
for their direction ; and in case of neglect or refusal of 



SURVEYORS OF PRIVATE WAYS. £65 

■9tnj proprietor or occupant, in attending the said work, by 
himself or other sufficient person in his stead, or furnish- 
ing materials when required by the said Surveyor, nec- 
essary for- the repair of the said ways or bridges, agreea- 
bly to the determination of the said proprietors, he or she 
shall be subject to the &ame fines and penalties as are 
provided in case of town highways, and to be recovered in 
the same manner. 

Sect. 2. If any Surveyor, chosen as is provided by 
this Act, shall refuse or neglect to accept that trust, and 
take the oath aforesaid, he shall forfeit and pay the sum 
of Twenty Shillings, to be recovered in manner afore- 
said : And all fines and forfeitures incurred by breach of 
this Act shall be applied for the use of the propriety for 
repairing the said ways or bridges. 

[This Act passed November 12, 1T87.] 

An Act in addition to an Act, enabling Proprietors of 
private Ways and Bridges to repair them in equal Pro- 
portions. 

WHEREAS inconveniences have arisen, because 
proprietors aforesaid, by said act, to which this is an addi- 
tion, are not empowered to raise money and contract with 
any person or persons to make and keep in repair private 
ways and bridges : 

From and after the passing of this act, it shall and may 
be lawful for said proprietors, and the rightful occupants 
of private ways and bridges, at any meeting legally as- 
sembled for that purpose, to authorize their surveyor, or 
any other person or persons, to contract by the year, or 
for a longer or a shorter time, for the making and keep- 
ing in repair any private way or ways, bridge or bridges ; 
and at any such meeting may vote to raise any sum or 
sums of money, they may deem necessary for carrying 
such contracts into effect ; and may choose assessors, who 
shall assess all sums of money so raised on each proprie- 
tor's or occupant's proportion therein, and shall also de- 
liver true lists of said assessments to the said surveyor, 
with warrants of distress, in form, as to substance, as is 
prescribed by law for collecting town and district taxes ; 
and every such surveyor is hereby authorized and em- 
powered to levy and collect all taxes er assessments for 



266 SURVEYORS OF LUMBER. 

the purposes aforesaid, in the same way and manner as 
surveyors of highways are empowered to collect town 
highway taxes, in and by a law " authorizing towns to 
empower surveyors or any other persons to-enterinto 
contract for the purpose of making and repairing town 
ways." And if any such surveyor shall neglect or refuse 
to pay over the monies so collected, to such person or per- 
sons as he in his warrant of distress shall be required, 
when demanded, he shall be liable to the: same penalties 
as in and by the said law is provided, in case of surveyors 
failing to pay over monies to the town treasurer in the like 



ease. 



[This act passed March 11, 1802.] 



SURVEYORS OF LUMBER, 

An Act for the Admeasurement of Boards, and regulating 
the Tale of Shingles, Clapboards, Hoops and Staves, 
and for other purposes therein mentioned. 

THERE shall be one or more suitable persons 
elected in every town and district in this Common- 
wealth, at their annual meeting in the month of March, to 
be Surveyors and Measurers of boards, plank, timber and 
slit-work, and Surveyors of shingles, clapboards, staves and 
hoops, who shall be sworn to the faithful performance of 
the trust reposed in them. And ail boards, plank, tim- 
ber or slit-work, offered for sale, shall, previous thereto, 
be surveyed, and also measured, by one of the said Sur- 
veyors, where he shall have any doubt of the measure, 
having due consideration for drying and shrinking; who 
shall also mark anew all such to the just contents there- 
of, making reasonable allowance for rots, knots and splits ; 
and the buyer shall pay to the Surveyor Six pence per 
thousand feet, for viewing only, and Six Fence per thous- 
and feet more for measuring and marking, and so in pro- 
portion for a lesser quantity. 

Sect. 2. No pine boards shall be shipped for exporta- 
tion %o foreign markets, but such as are square edged,- 



SURVEYORS OF LUMBER. £67 

and not less than one inch in thickness, and not less than 
ten feet in length, on pain of being forfeited to the use of 
the town where they shall be shipped. 

Seat. 3. No shingles, clapboards, staves or hoops, shall 
be offered for sale in any town in this Commonwealth, 
that shall be under the following dimensions, viz. All 
shingles shall be split crossways the grain, and be eight- 
een inches long, unless those made for home use ; pine 
shingles shall be free from sap, and all shingles shall be 
free from shakes and worm -holes, and shall be half an 
inch thick at the butt-end, when green, and full three- 
eighths of an inch when thoroughly seasoned, if for expor- 
tation to a foreign market ; and not less than one-third of 
an inch thick at the butt, when fully seasoned, it for home 
use, and four inches and a half wide on an average, and 
none less than three inches wide, and shall hold their 
width three-fourths the way to the thin end, and be well 
shaved ; and each bundle shall contain two hundred and 
fifty shingles, or if bound in square bundles, shall contain 
twenty-five courses, and measure twenty-two inches and 
an half at the lay; And in case there shall be more than 
five shingles inai\y one bundle that are under the above 
length, breadth or thickness, or live short in the tale of any 
one bundle of two hundred and Mty 9 the bundle which is 
so deficient, or in which such shingles are contained, shall 
be forfeited, and the shingles in each bundle which are 
not merchantable, shall be burnt, and the residue sold, 
and the money arising from the sale shall be paid into the 
hands of the town treasurer, for the benefit of the poor of 
such town where the shingles are condemned, first deduc- 
ting therefrom the charge of culling and surveying. And 
all white-oak butt staves shall be at least five feet in 
length, five inches wide, and one inch and a qarter thick 
on the heart, or thinnest edge, and every part thereof. 
And all white-oak pipe staves shall be at least four feet 
and eight inches in length, four inches broad in the nar- 
rowest part, and not less than three quarters of an inch 
thick on the heart, or thinnest edge. And all white-oak 
hogshead staves shall be at least forty- two inches long, 
and not less than half an inch thick on the heart, or thin- 
nest edge. And all white-oak barrel staves, for a foreign 
market, shall be thirty-two inches long ; and for home use 
shall be thirty inches long ; and all shall be half an inch 



^68 SURVEYORS OF LUMBER. 

thick on the heart, or thinnest edge. And all white-oak 
hogshead and barrel staves, shall be at least; one with an- 
other, four inches in breadth, and none less than three 
inches in breadth, in the narrowest part; and those of the 
breadth last mentioned, shall be clear of sap. And all 
red-oak hogshead and barrel staves, shall be of the same 
length, width and thickness, with the white-oak hogshead 
and barrel staves above mentioned: And all staves shall 
be well and proportionately split. And ail pine clapboards 
that shall be exposed to sale, shall be made of good sound 
timber, clear of sap ; and all clapboards shall be free from 
shakes- and worm-holes, and" of the following dimensions, 
viz. Full five eighths of an inch on the back, or thickest 
part, five inches wide, and four feet six inches long, and' 
they shall be straight and well shaved. And all hogshead 
hoops that shall be exposed to sale, or exported, shall be 
from ten to thirteen teet in length, and shall be made of 
white oak or walnut, and ofgood and sufficient substance, 
well shaved ; those made of oak shall be not less than one 
inch broad at the least end, and those made of walnut shall 
be not less than three quarters of an inch broad at the 
least end ; each bundle shall consist of thirty hoops ; and* 
all hoops often, twelve and thirteen feet respectively, shall 
be made up in distinct bundles by themselves ; and if any 
hoops are packed of less dimensions than those prescribed 
by this law, or if any bundle shall contain less than thirty 
hoops, such bundle shall be f forfeited and soli for the ben- 
efit of the poor of the town where it is offered' for sale. 

Sect. 4. The surveyor of shingles and clapboards shall 5 
be allowed by the buyer, Six Pence per thousand for sur- 
veying and telling, and before any shingles are sent from 
the town where they are made, or at the place of first 
sale, before their delivery they shall be viewed, surveyed 
and measured by a sw r orn surveyor, and the town brand 
set upon the hoop of the bundle; and all shingles offered 
for sale without being surveyed and marked as aforesaid, 
shall be forfeited and disposed of as before provided in 
this act ; and in each maritime town in this Common- 
wealth, from whence staves or hoops are usually exported 
beyond sea, there shall be two or more suitable persons 
chosen by such towns, some time before, the twelfth day 
of December next, and for ever afterwards at their annual 
meeting in March, to be viewers and cullers of staves and' 



SURVEYORS OF LUMBER, 86? 

hoops, who shall be under oath, faithfully to discharge 
their office; and for their encouragement to accept this 
trust, they shall be allowed for their time and service as 
follows, viz. — One Shilling and Eight Pence per thou- 
sand for barrel staves, Two Shillings per thousand for 
hogshead staves. Two Shillings and Four Pence per thou- 
sand for pipe staves, and Two Shillings and Eight Pence 
per thousand for butt staves, as well refuse as merchanta- 
ble, the merchantable to be paid for by the buyer, the re- 
fuse by the seller ; and the culler shall be allowed Three 
Shillings per thousand for hoops. 

Sect. 5. From and after the twelfth day of December 
next, all staves that shall be exported from this Common- 
wealth beyond sea, shall be first culled, and all hoops fust 
viewed and surveyed by one of the officers aforesaid, and 
a certificate given by the culler or surveyor, to the mas- 
ter or commander of the ship or vessel on board which 
they are laden, of the quantity by him so culled or survey- 
ed ; and the bands with which the bundles of hoops are 
bound shall be sealed with the brand of the town from 
whence they are exported ; and that all shingles and clap- 
boards that shall be exported beyond sea, shall likewise he 
certified by one of the surveyors already required by law 
to be chosen in each maritime town within this Common- 
wealth, to have been by him surveyed, viewed and ap- 
proved, and the number or quantity thereof; and any sel- 
lers of boards, staves, hoops, clapboards or shingles, that 
shall deliver any of the said articles before they are cull- 
ed or surveyed, shall forfeit the sum of Twelve Shillings 
per thousand, and any person purchasing any of the ar- 
ticles before mentioned, and who shall receive them be- 
fore they are culled or surveyed, shall forfeit and pay the 
sum of twelve shillings per thousand, one half to the inform- 
er, who shall sue for the same, in any Court of this Com- 
monwealth, proper to try the same, or before any magis- 
trate within this Commonwealth, in case the forfeiture does 
not exceed forty shillings ; the other half to the poor of the 
town where such oifence is committed. 

Sect. 6. From and after the said twelfth day of De- 
cember next, the master or owner of any vessel haying 
any staves, hoops, boards, clapboards or shingles on board, 
for their cargo, and which shall be shipped for exportation 
to a foreign market, after the said twelfth day of December 
33* 



270 SURVEYORS OF LUMBER. 

next, before such vessel shall be cleared at the naval-of- 
fice, a certificate of such staves, hoops, clapbords, boards 
and shingles, having been culled or surveyed, and shall 
likewise make oath before the Naval-Officer (who is here- 
by required and empowered to administer the same) or 
before any Justice of the Peace, who shall give a certifi- 
cate of the said oath, which shall by the master or owner 
be transmitted to the Naval-Officer, that the boards, 
staves, hoops, clapboards and shingles, on board his vessel 
are bona fide the same boards, staves, hoops, clapboards 
and shingles, certified to have been culled or surveyed, 
and that he has no other on board, and that he will not 
take any others on board. 

Sect. 7* From and after the twelfth day of December 
next, if any person shall presume to ship off any boards, 
staves, hoops, clapboards or shingles, unless the same shall 
first have been culled or surveyed, and marked by a sworn 
Culler or Surveyor as aforesaid, he shall forfeit and pay 
the sum of Twelve Shillings per thousand, to be reckoned 
by feet or tale, according as the articles are usually sold, 
to be disposed of, one half to the poor of the town where 
the offence is committed, and the other half to the Sur- 
veyor, or any other person or persons who shall sue for the 
same, which he or they are hereby enabled to do, by ac- 
tion, bill, plaint or information, in any court proper to try 
the same, or before any Justice of the Peace, if the forfeit- 
ure does not exceed Jorty Shillings. 

Sect. 8. In case any caller or surveyor, shall connive 
at, or allow of the breach of this act, or shall be guilty of 
any fraud or deceit in surveying or culling of boards, 
staves, hoops, clapboards, or shingles, he shall forfeit and 
pay the sum of ten pounds for each offence ; and in case 
of !\is refusal to attend the aforesaid service, when he shall 
be thereto requested, he shall forfeit and pay the sum of 
twenty shillings ; the forfeitures and penalties in such 
cases to be recovered and disposed of as aforesaid. 

Sect. 9. If any person or persons, who shall be duly 
chosen to serve as a surveyor of boards, clapboards, or 
shingles, or as a culler of staves or hoops, shall refuse or 
neglect to take the oath for the faithful discharge of the 
office, or to serve therein, every such person or persons 
shall pay the sum tf twenty shillings, to the use of the 
poor of the town choosing such person or persons, and ev- 
ery such town shall proceed to the choice of other or oth- 



SURVEYORS OF LUMBER. 2H 

ers, in the room of any person so refusing or neglecting, 
and so toties quoties. 

Sect. 10. All acts heretofore made for the admeasure- 
ment of boards, and for regulating the tale and dimensions 
of shingles, clapboards, hoops and staves, be, and they are 
hereby repealed. 

[This act passed July 11, 1783.] 

An Act in addition to an Act, entitled, " An Act for the ad- 
measurement of Boards, and regulating the Tale of 
Shingles, Clapboards, Hoops, and^ Staves, and for other 
jmrposes therein mentioned." 

WHEREAS it is the wisdom of every commer- 
cial country to prevent an abuse in the manufacture of 
those articles intended for exportation, in such a manner 
as that they may preserve their credit with foreigners, 
and thereby render their exports as permanent and bene* 
licial as possible : And whereas the above mentioned Act 
does not sufficiently provide for carrying the good inten- 
tions thereof into etfect : 

Sect. 1. From and after the first day of January next, 
wherever the restriction upon the shipping of any kind 
of lumber is mentioned in any of the clauses of the be- 
fore recited Act, to or for any foreign market, or beyond 
sea, the same shall be considered and understood to ex- 
tend to any port or place not within this Commonwealth, 
and that, previous to any naval officer's clearing out any 
vessel with lumber to any port or place not within this 
Commonwealth, the like certificate of such staves, hoops, 
clapboards and shingles having been culled or surveyed, 
shall be produced, and the same oath administered, as is 
required to be produced and administered by the afore- 
said Act for the exportation of lumber to a foreign mar- 
ket. 

Sect. 2. From and after the first day of January next 
(in addition ta the penalty of Twelve Shillings per thou- 
sand, as mentioned in the said Act tor the shipping of lum- 
ber otherwise than is therein prescribed, to be reckoned 
by feet or tale according as the articles are usually sold) 
whenever it shall appear that any of the kinds of lumber 
mentioned in the said Act have been exported in any vessel 
whatever out of this Commonwealth, to any port or place 



£T£ SURVEYORS OF LUMBER. 

not within the same, unless the said lumber has been first 
culled or surveyed agreeable to the said Act ; the master 
or owner of such vessel shall, for the first offence, forfeit 
and pay the sum of Fifty Pounds, and for the second of- 
fence the vessel so carrying the said lumber as aforesaid, 
being afterwards found in any part of this Commonwealth, 
shall be forfeited, to be recovered and applied in like man- 
ner as is provided by the said Act, for recovering and ap- 
plying the penalty of Twelve Shillings per thousand as 
aforesaid. 

And whereas some persons, from consulting their pri- 
vate convenience in preference to the commercial benefit 
of the public, may endeavour to evade the good inten- 
tions of the before recited act, by clearing out or export- 
ing the kinds of lumber mentioned therein, without the 
same being culled or surveyed agreeable to the said act, 
by calling it by some other name than what it is- usually- 
known by V; 

Sect. 3. From and after the first day of January next, 
no naval officer, in any case whatever, shall presume to 
clear any vessel for any port or place not within this 
Commonwealth, that may have any lumber of the kind on 
board, mentioned in the before recited act, under the spe- 
cious pretence of its being chips, wood, or refuse lumber, 
or by whatever name it may be called, otherwise than 
what it is usually known by y and if it can be made to ap- 
pear that any naval officer shall knowingly clear any ves- 
sel with lumber on board, of the kind as mentioned in the 
aforesaid act, to or for any port or place not within this 
Commonwealth, without a certificate being produced pre- 
vious to his clearing the said vessel, of the said lumber's 
being culled or surveyed agreeable to the said act, or shall 
clear the same under any other name whatever ; the said 
naval officer for such neglect of duty, shall forfeit and pay 
for every such offence, one hundred pounds, to be disposed 
of one half to the poor of the town where such offence is 
committed, and the other half to the surveyor, or any oth- 
er person who shall sue for the same ; which they are 
hereby enabled to do by action, bill, plaint, or information, 
in any court proper to try the same. And on informa- 
tion's being given to the said naval officer, by any two or 
more credible witnesses (upon oath if thereto required) of 
such vessel's having such lumber on board, previous to 



SURVEYORS OF LUMBER. 273 

nis clearing the same ; such information so given to the 
said naval officer, shall be deemed his having sufficient 
knowledge of the same. 

Sect. 4. When any naval officer shall connive at any 
breach of this or the before recited act, or when informal 
tion is properly given to him, with sufficient evidence 
of any violation thereof, and he neglects to inquire into 
and prosecute the same as his duty requires upon proof 
being exhibited of such neglect, before the Court of Gen- 
eral Sessions of the peace, for the county where the said 
officer may reside ; shall, if convicted of the said neglect 
before the said court, be adjudged by the said court as 
incapacitated from any further exercise of his office. And 
in case of the removal of such officer for such neglect, the 
naval officer of the port nighest the place from whence 
the said officer may be removed, shall do and exercise all 
the duties of the said office until another may be appoint- 
ed in his stead. 

Sect. 5. A proper allowance shall be made for the dry- 
ing and shrinking of pine boards, and that such as shall be 
seven -eighths of an inch thick after being fully seasoned, 
or in the same proportion as to thickness, being partly 
seasoned, and that any shingles being four inches in width 
on an average, shall be accounted merchantable, and may 
be sold here as such, or shipped or exported to any mar- 
ket. Provided, That such boards and shingles shall, in 
all other respects, be conformable to the said act; and all 
naval officers, surveyors, and other persons concerned, are 
directed and required to govern themselves accordingly ; 
any thing in this or the act aforesaid to the contrary not- 
withstanding. 

[This act passed March 16, 1784."] 

Tn the case of Wheeler v. Russell, 17 Mass. Rep. 258. 
held, that no action will lie on a note, the consideration 
whereof was the sale of shingles, not of the size pre- 
scribed by stat. 1783. chap. 15. The Chief Justice ob- 
served, that no principle of law, is better settled, than 
that no action will lie upon a contract made in violation 
of a. statute, or a principle of the common law 



TOWNS. 

1. Of the manner of calling Meetings. 

2. Of the qualification of Voters. 

S. Town Officers how chosen and qualified. 

4. May grant Money. 

5. May prosecute and defend by Agents. 

6. Provide Schools and support Highways. 

See title Schools and Surveyors of Highways, 

7. May provide Work Houses. 

8. May provide Hospitals for Small Pooc, §e. 

9. May make byelaw to restrain Cattle and Horses., 
10. To provide for Paupers* 



1 . Of the manner of calling Meetings. 

THE stat of- 1785, chap. 75. Sect. 5. provides that 
when there shall be occasion of a town-meeting, the Con- 
stable or Constables, or such other person as shall be ap- 
pointed for the purpose, by warrant from the Selectmen, 
or the major part of them, shall summon and notify the in- 
habitants of such town to assemble at such time and place, 
in the same town as the Selectmen shall order, the manner 
of summoning the inhabitants to be such as the town shall 



TOWNS. 2/3 

agree upon ; and when ten or more of the freeholders of 
a town shall signify, in writing, their desire to have any 
matter or thing inserted in a warrant for calling a meeting, 
the Selectmen are hereby required to insert the same in 
the next warrant they shall issue for a meeting, or call a 
meeting for the express purpose of considering thereof; 
and no matter or thing shall be acted upon in such a man- 
ner as to have any legal operation whatever, unless the 
subject matter thereof be inserted in the warrant for cal- 
ling the meeting ; and in case the Selectmen shall unrea- 
sonably deny to call a meeting upon any public occasion, 
any ten or more of the freeholders of such town may apply 
to a Justice of the Peace within and for the same county, 
who is hereby authorized and empowered to issue his 
warrant under his hand and seal, directed to the Consta- 
ble or Constables of the town, if any such there be, oth- 
erwise to any of the freeholders applying therefor, direct- 
ing him or them to notify and warn the inhabitants qual- 
ified to vote in town affairs, to assemble at such time and 
place in the same town as the said Justice shall in his said 
warrant direct, and for the purpose in the same warrant 
expressed. And when by reason of death, removal or 
resignation of selectmen, a major part of the number origi- 
nally chosen shall not remain in office within any town ; 
in every such case, a major part of the survivors, or of 
such as remain in office, shall have the same power to 
call a town-meeting as a major part of the whole number 
first chosen. 

The warrants issued by selectmen for calling town 
meetings need not have seals affixed to them. 10 Mass. 
Rep. 105. 

Several district meetings, or a town meeting for district 
purposes, where the qualifications of the voiers upon the 
several subjects to be acted upon are different, may be 
called by the : sa&ve warrant; but it should distinguish be- 
tween the different classes of voters. 6 Mass. Rep. f. 



£75 TOWNS, 



£. Of the qualifications of Voters. 

Sn Act regulating elections, and declaring the qualifica- 
tions of voters in town affairs. 

EVERY male citizen of twenty one years of age 
and upwards, (excepting paupers and persons under guar- 
dianship,) who shall have resided within the Common- 
wealth one year, and within the town or district in which 
he may claim aright to vote, six calendar months, next pre- 
ceding any election of any town or district, county or state 
officers, or any representative to congress, and who shall 
have paid, by himself, or his parent, master, or guardian, 
any state or county tax, which shall, within two years 
next preceding such election, have been assessed upon 
him, in any town or district of this Commonwealth, and 
also every citizen who shall be by law exempted from tax- 
ation, and who shall, in all other respects, be qualified as 
above mentioned, shall have a right to vote in all such 
elections ; and no other person shall be entitled to vote 
in such elections. 

Sect. 2. From and after the passing of this -act, it shall 
be the duty of the several collectors of state or county 
taxes, in the several towns or districts within this Com- 
monwealth, to keep an accurate and true account of every 
person's name, from whom they shall have received pay- 
ment of a state or county tax, and of the time of such pay- 
ment, and, upon request therefor, to deliver to the person 
paying the same, a receipt, specifying the name of the 
person paying the same, and the time of such payment, 
which shall be received and considered as presumptive 
evidence thereof. And the said collectors shall hereafter, 
annually, fifteen days before the first Monday in March, 
make out and deliver to the selectmen, of the town in 
which they reside, a true and accurate Li&t of all persons 
from whom they shall within the year then next preceding 
have received any such payment, specifying the time of 
payment, or shall exhibit and deliver to the selectmen, 
the original account by them kept, of such payment. And 
the selectmen shall, at least ten days before the first Mon- 
dav in March, annually, meet together, and make out 



TOWNS, %?f 

alphabetical lists of all the persons, qualified as is herein 
before provided, to vote for any of the officers aforesaid ; 
and they shall, at least ten days before the first Monday in 
March, annually, cause such lists to be posted up, at two or 
more public places, in their respective towns or districts ; 
And they shall be in session, for a reasonable length of 
time, within forty eight hours next preceding all town and 
district meetings, for the choice of any of the officers afore- 
said, for the purpose of correcting the aforesaid list of vot- 
ers; and such session shall be holden, for one hour at 
least, on the day of such meeting, and before the opening 
of ihe same ; and of the time and place of their meeting 
for this purpose, they shall give notice on the lists posted 
up as aforesaid. And it shall be the duty of the selectmen 
or moderator, to be provided with a complete list as afore- 
said, at such election ; and no person shall vote at any 
election, whose name shall not have been previously plac- 
ed on said list, nor until the selectmen or moderator pre- 
siding at such meeting, shall have opportunity to find his 
name on the lists aforesaid. 

Sect. 3. Every male citizen of this Commonwealth, 
who shall have resided in any town, district or plantation, 
six calendar months, next preceding any meeting for the 
transaction of town affairs, and who shall, in all respect?, 
be qualified as required in the first section of this act, 
shall be entitled to vote at such meeting, upon all ques- 
tions concerning town affairs ; and no person not qualifi- 
ed as aforesaid, shall be entitled to vote therein. 

Sect. 4. The selectmen of any town, in case they shall 
! have duly entered on the list of voters, the names of all 
j such persons as are returned to them by the collectors, as 
having paid any tax within two years, shall not be held 
answerable for any omissions on said list, or for refusing 
the vote of any person whose name is not on the list, un- 
less the said person whose name may be omitted, shall, 
before offering his vote, furnish the selectmen with suffi- 
cient evidence of his having the legal qualifications of a 
voter at said meeting, and request of the selectmen, the 
insertion of his name on the list of voters. 

Sect. 5. The moderator of any town meeting shall re- 
ceive the votes of all such persons, whose names are bjrne 
on the list of voters, as certified bv the selectmen ; and 
24 



lit 



£78 TOWNS. 

he shall m no way or manner be held liable for refusing 
the vote of any person whose name is not on the said list. 

Sect. 6. Any collector who shall neglect to return a 
Hat of persons, of whom he has received payment of any 
taxes, as required by this act, shall forfeit and pay the 
sum of one hundred dollars for such neglect ; and any col- 
lector, who shall make a false return, as regards any part 
of the list returned by him to the selectmen, shall forfeit 
and pay the sum of twenty dollars, for each and every 
name, in which the said collector may have made a false 
return ; which penalties may be recovered by an action 
of the case, one half to the use of the town, in which the 
offence is committed, and the other half to the use of the 
person who sues for the same. 

Sei?t. 7. The first section of the act, passed on the 
eighteenth day of June, in the year of our Lord one thou- 
sand eight hundred and eleven, regulating the choice of 
town officers and town meetings, also, " an act, in addi- 
tion to an act, entitled an act, in addition to the several 
acts, for regulating elections, and for repealing the first 
section of said act," passed the seventh day of March, in 
the year of our Lord one thousand eight hundred and 
three, also, so much of an act, entitled " an act more ef- 
fectually to secure the rights of suffrage," passed June 
sixteenth, in the year of our Lord one thousand eight hun- 
dred and thirteen, as requires any duty to be performed by 
assessors, be, and the same are hereby repealed. 

Sect. 8. This act shall be in force and take effect from 
and after the first day of June next. 

[Approved by the Governor, February 11, 1823.3 

The law of 1818, chap. 77. provides, that whenever the 
inhabitants of any town or district are legally assembled 
to act on any subject relating exclusively to parishes, no 
person who is not a member of said parish, and liable to 
be assessed for parochial charges, shall be permitted to 
vote in such meeting. 

VOTERS FOR GOVERNOR, SENATORS AND 
REPRESENTATIVES. 

AMENDMENT to the Constitution, Art. S. Ev- 
ery male citizen of 21 years of age and upwards, (except- 
ing, paupers and persons under guardianship) who shall 



towns. m 

have resided within the Commonwealth one year, and 
within the town or district, in which he or she may claim 
a right to vote, sis calendar months next preceding any 
election of Governor, Lieutenant Governor, Senators or 
Representatives, and who shall have paid, by himself or 
his parent, master or guardian, any state or county tax, 
which shall, within two years nest preceding such elec- 
tion, have been assessed upon him, in any town or dis- 
trict, of this Commonwealth; and also every citizen who 
shall be by law' exempted from taxation, and who shall he 
ia all other respects qualified as abovementioned, shaft 
have a right to vote in such election of Governor, Lieu- 
tenant Governor, Senators and Representatives ; and no 
other person shall be entitled to vote in such elections. 

By the statute of 1813, chap. 63. sect. 6. the qualifica- 
tion of voters in any town, on any question, involving the 
number of representatives, and whether such town will 
send a representative to the General Court, shall be the 
same, in all respects, as are required by the Constitution, 
to entitle a person to vote in the choice of a representa- 
tive. 

3. Town Officers, when chosen and qualified* 

THE statute of 1785, chap. 75. sect. 2. provides, 
That the qualified voters in each town shall, in March or 
April, annually, meet at such time and place, as they shall 
be notified to attend by the constable or constables of the 
tow T n, or such others as the selectmen shall appoint to notify 
the same ; and the said freeholders, and other inhabitants, 
shall, then and there by a major vote, choose a clerk, who 
shall be under oath truly to record all votes passed in such 
and other town meetings during the year, and until another 
clerk shall be chosen and sworn in his stead, anl also 
faithfully to discharge all the other duties of his said of- 
fice ; three, five, seven, or nine able and discreet persons 
of good conversation, inhabiting in the town, to be select- 
men, or townsmen, and overseers of the poor, where other 
persons shall not be particularly chosen to that office, 
which any town may do, if they shall think it necessary 
and convenient ; three or more assessors ; two or more 
judicious persons for fence viewers; treasurer; survey- 
ors of highways; surveyors of lumber ; wardens ; tyth- 



2S9 TOWNS. 

ingmen ; sealers of leather; measurers of wood .;. clerks uf 
the market; constables; and other usual town officers; 
the said officers to be chosen by ballot, or such other aieth* 
oil as the voters agree upon. And the town clerk, or two 
of the selectmen, shall forthwith make out a list of the. 
names' of all those who shall be then chosen into office, of 
whom an oath is by law required, and deliver the same (o 
some constable or constables of the same town, together 
with a warrant to him or them directed, who is hereby re- 
quired within three days after receiving such warrant, to 
notify and summon each of the sakl persons, to appear be- 
f jre the town clerk- within seven days from the time of 
such notice, to take the oath by law prescribed to the of- 
fice into which they are severally chosen i and every per- 
son who shall neglect to appear before the town clerk, 
within the said seven days, and take the oath of office, un- 
to which he is chosen and summoned as aforesaid, which 
oath the town clerk is hereby authorized to administer, 
unless such person is by law exempted from serving in 
the office, shall forfeit and pay to him or them that will 
inform or prosecute therefor, the sum of thirty shillings, 
except constables and such other officers, for whose neg- 
lect a different penalty i-s provided, two thirds to the use 
of the town, and the other third to the use of the prosecu- 
tor: provided always, that any person who shall take the 
oath of office- before a justice of the peace, and file a certi- 
ficate thereof with the town clerk, within the said ten days, 
shall be exempted from the said fine. 

The town clerk shall make a record of such persons as 
shall, from time to time, be sworn into office before him, 
or of such as shall file certificates of their being sworn as 
aforesaid. 

When by reason of non-acceptance, death or removal 
of any person chosen to office in any town, at the annual 
meeting for the choice of town officers, or at any other 
time, or by reason of a person's becoming non-compos, 
there is a vacancy, or wantof such officers, the town, being 
orderly assembled in the manner this Act directs, may- 
proceed to a new choice of officers to supply and fill up 
such vacancy ; and the person or persons thus chosen and 
sworn before the Town-Clerk, or a Justice of the Peace- 
* (in case an oath of office is by law required) shall have 
the same power and authority to discharge the duties of 



TOWNS. 281 

the office, as though chosen at the annual meeting for the' 
choice of Town-Officers. 

4. May grant Money. 

Sect. 7. THE freeholders, and other inhabitants 
of each respective town, qualified as aforesaid, at the an- 
nual meeting for the choice of town -officers, or at any 
other town-meeting, regularly warned, may grant and 
vote such sum or sums of money, as they shall judge ne- 
cessary for the settlement, maintenance and support of 
the ministry, schools, the poor, and other necessary charg- 
es, arising within the same town ; to be assessed upon the 
polls and property within the same, as by law provided ; 
and they are also hereby empowered to make and agree upon 
such necessary rules, orders and bye laws, for the directing, 
managing and ordering the prudential affairs of such town, 
as they shall judge most conducive to the peace, welfare 
and good order thereof ; and to annex penalties for the 
observance of the same, not exceeding thirty shillings for 
one offence ; to enure to such uses as they shall therein 
direct : Provided they be not repugnant to the genera! 
laws of the Government; and provided also, such orders 
and bye-laws shall have the approbation of the court of 
General Sessions of the Peace of the same county. 

• 

5. May prosecute and defend by Jl gents. 

Sect. 8. THE inhabitants of every town within 
this government are hereby declared to be a body politic 
and corporate ; and as such, may commence and prose- 
cute any suit or action in any court proper to try the 
same ; and may also defend any s.iit or action commenced 
against them, and for this purpose, the said inhabitants, 
qualified and convened in manner aforesaid, may nomi- 
nate and appoint one or more agents or attornies. The 
choice of the agent or attorney, certified by the town- 
clerk, shall be deemed and taken sufficient evidence of 
such appointment. And when any suit shall be commen- 
ced against any town (or other body corporate) a copy of 
the writ or original summons, or such other legal process 
as may issue against them, shall be left with the clerk of 
such town, or with one or more principal inhabitants there- 
24* 



282 TOWNS, 

of (or with the clerk or some principal member of the bo~ 
dy corporate) thirty days at least before the day of the sit- 
ting of the court, unto which the same shall be returnable,. 

6, Provide Schools and 'support Highways, 

See title Schools and Surveyors of Highways, 

7. May provide Work Houses. 

AnJletfor erecting Work Houses, for the reception and 
employment of the idle and indigent. 

WHEREAS erecting houses for the employment 
of idle persons, who neglect and refuse to exercise any- 
lawful calling or business to support themselves and 
families, and for the poor and indigent, that want means 
to employ themselves, may be useful to the public, and 
especially to such towns, as shall be concerned in such an 
undertaking": 

Sect. 1. When any town in this Commonwealth, shall 
see meet to erect or provide a house, for the purpose be- 
fore named, such town shall be, and hereby is fully au- 
thorised and empowered thus to do ; and the towns afore- 
said, as well as those who have already erected such 
houses, are hereby empowered at their annual meeting for 
the choice of town officers, to choose three, five, seven, or 
more overseers of the said house, who shall have the in- 
spection and government thereof, with full power of ap- 
pointing a master, and needful assistants, for the more 
immediate care and oversight of the persons received into, 
or employed in the said house : Which overseers, once in 
every month, and at other times as occasion shall require, 
shall assemble together for the purpose of determining the 
most eligible method of discharging the duties of their of- 
fice : And at their staled monthly meetings, shall have 
power to make needful orders and regulations for such 
house ; which orders shall be binding until the next pub- 
lic meeting of the inhabitants of such town, to whom such 
orders shall be. presented for approbation; and when by 
them approved, shall be obligatory, until revoked by the 
town* 



TOWNS. 23$ 

£. When any number of towns shall agree (at their 
joint charge, and for their common benefit) to erector 
provide a work house for the employment of persons re- 
siding in such towns, that are indigent or idle, or to pur- 
chase land whereon to erect such house, or for the accom- 
modation thereof, they shall be, and hereby are vested 
with power and authority thus to do ; and the ordering 
and governing the same, making the necessary repairs 
thereof, appointing a master and other assistants, and the 
power of removing him or them from their respective of- 
iices or trusts, for irregular behaviour, incapacity, or for 
other sufficient cause, shall be vested in overseers, to be 
from year to year specially chosen by the several towns, 
at their annual meeting for the choice of town officers, 
each town to choose three, unless all the towns engaged 
in the undertaking, shall agree upon a different number : 
And in case of the death of an overseer, or his removal 
from the town for which he was appointed, the vacancy 
made thereby may be supplied by such town, at any oth- 
er public meeting: And if any town concerned, shall 
neglect to choose such overseers, in such case the person 
or persons chosen in the other towns may proceed in all 
affairs of the said house, any such neglect notwithstand- 
ing. 

3. There shall be stated quarterly meetings of all the 
overseers, on the first Tuesday of the months of January > 
April, July, and October, annually, to be held at the 
work house, in order to inspect the management, and for 
directing the business thereof; and besides those stated 
meetings, intermediate ones, to be held at the work house, 
may be called by the overseers of any town concerned; 
due notice of the time and occasion thereof being given 
to the rest, in such way and manner, as shall be agreed 
upon by the overseers, at any general stated meeting t 
And the said overseers, when duly assembled, may choose 
a moderator, and at their first general meeting annually, 
after their appointment, they shall likewise choose a clerk a 
to enter and record all votes and orders that shall be 
made and passed by the overseers, who shall be sworn 

; to the faithful discharge of his trust. 

4. The overseers for the time being, at a general quar- 
terly meeting, provided one half at the least, of the whole 
number chosen are present, shall have full power and 



m TOWNS. 

authority to make all reasonable orders and bye-laws, not 
repugnant to the laws of this commonwealth, for the or- 
dering and regulating the said house, and the affairs there- 
of; which orders and bye-laws shall continue and be in 
force until altered, annulled or reversed by them or their 
successors in office ; and may likewise agree with the 
master or other assistants, and order meet allowance for 
their care and service ; and all other matters of less im- 
portance, relating to the said house, may be transacted at 
any other meeting duly notified, when only one third part 
of the overseers are present, subject nevertheless to be al- 
tered or reversed at any general stated meeting. 

5. The yearly stipend or allowance to the master and 
assistants, over and above what is provided for by this 
act, for their care and trouble, together with the charge of 
keeping the house in repair, shall be paid by the several 
towns concerned, in proportion as they are taxed to the 
government, at the time the expense is incurred, or in such 
other proportion, as all the towns concerned shall agree 
upon : and if any town or towns, shall refuse or neglect to 
advance, or reimburse their respective proportions of 
such allowance, or oth«r charges before mentioned, after 
they shall have been stated and adjusted by the overseers, 
the same may be recovered of such delinquent town or 
towns, in any court proper to try the same, by action to 
be brought by such person or persons, as the overseers 
shall in writing appoint for that purpose. 

6. Any two or more of the overseers, in any tow n al- 
ready provided with such house, and any two or more 
of the overseers, in any town that, either by themselves, 
or in conjunction with other towns, shall hereafter erect a 
work house, be, and they are hereby authorized, empow- 
ered and directed, to commit to such house, by writing 
under the hands of the said overseers, to be employed and 
governed according to the rules and orders of the house, 
any person or persons, residing in such town, that are in 
this act declared liable to be sent thither: Provided that 
no greater number of persons belonging to any town, be 
received into the house, than such town's proportion of the 
said house to be allotted them, can accommodate, when 
the receiving them will exclude or incommode such as be- 
long to other towns ; and an order of commitment from 






TOWNS. 285 



two or more overseers, directed to a constable of the same 
town, shall by such constable be obeyed and executed. 

7. The persons who shall be liable to be sent unto, em- 
ployed and governed in any work house erected, or to be 
erected, by one or more towns, in pursuance of this act, 
are, all poor and indigent persons that are maintained by, 
or receive alms from the town; also all persons able of 
body to work, and not having estate or means otherwise 
to maintain themselves, who refuse, or neglect so to do, 
live a dissolute, vagrant life, and exercise no ordinary 
calling or lawful business, sufficient to gain an honest live- 
lihood, and all such as, having some rateable estate, but 
not sufficient to qualify them to vote in town affairs, do 
neglect the due care and improvement thereof, and such 
as spend their time and property in public houses, to the 
neglect of their proper business ; or by otherwise mispend- 
ing what they earn, to the impoverishment of themselves 
and their families, are likely to become chargeable to the 
town, or to the Commonwealth. 

8. If any town shall refuse or neglect to provide its 
proportion of the needful furniture for such house, or the 
materials, implements or other necessary apparatus for 
carrying on the work there to be performed, according to 
their agreement, or as shall be directed by the overseers, 
such town shall be deprived of the privilege of sending 
any person thither, until they shall comply with such 
agreement or direction. 

9. Besides the aforesaid proportion of materials and 
other things to be found by the towns concerned, each 
town may likewise provide such other materials and tools 
for work, as the overseers for such town shall determine, 
any person by them committed to the said house can be 
employed about, more advantageously: and the master of 
the house shall receive such materials and tools, and keep 
them separate and apart from those sent from any other 
town, and shall be accountable to the overseers of each 
town concerned, as well for the prime cost, as for all pro- 
fits and earnings, that shall be made by the labour of those 
belonging to such town, under his care, and shall keep a 
register of the names of the persons committed to such 
work house, and of the towns to which they respectively 
belong, with the time of their being received into, and dis- 
charged therefrom, and of their earnings, that the same 



2S& TOWNS. 

may appear to any of the overseers, whenever they shall 
incline to inspect them : and all controversies between the 
master or keeper of such house, and the overseers of any 
town, touching his accounts or other his affairs whatever, 
respecting the work house, may be determined by the 
overseers of the house, at a. general or quarterly meeting. 

10. No town shall be chargeable for the reliefer support t 
of any person committed to the said house, who was not j 
sent thither by the overseers belonging to such town, nor j 
shall any person orderly committed to the said house, be 
discharged therefrom, but by the overseers that made the 
commitment, or by the overseers at a general or quarterly 
meeting, or otherwise by the Court of Common Pleas in 
the same county, upon application to them made for that 
purpose : And every person thus committed, if fit and 
able to work, shall be kept diligently employed in labour, 
during his or her continuance there : And in case the per- 
son so committed, shall be idle, and not perform such rea- 
sonable task or stint, as shall be assigned ; or shall be 
stubborn and disorderly, they shall be punished according 
to the orders that shall be made for riding, governing 
and punishing the persons there committed* not repugnant 
to the laws of the government. 

And whereas it sometimes happens, that such idle or in- 
digent persons are foreigners, and have not gained a legal 
inhabitancy in any particular town, but are the proper 
charge of the Commonwealth : 

11. When any foreigner or other person, not a legal in- 
habitant of any town within this Commonwealth, shall be- 
come idle or indigent, it shall be the duty of the overseers 
of the town in which such person resides, or any two of 
them, to commit such idle or indigent person to the work 
house belonging to the same town, or in which such town 
is interested, and the person or persons so committed, 
shall be under the care of the keeper of such house, and 
be employed, if capable of labour, in the same way and 
manner, as is herein before directed, and shall be subject 
to the same rules and regulations as others committed to 
said house ; and such overseers shall keep a fair account 
of the charge of supporting such idle or indigent persoa 
from time to time, and shall exhibit the same, once in eve- 
ry year at the least, to the General Court, for allowance 



TOWNS. SET 

and payment, deducting therefrom, the amount of such 
person's earnings. 

12. One third part of the profits or earnings of the 
work, done by the persons detained in such house, shall 
be to the master, for, and towards his support, over and 
above such further annual stipend as the overseers may 
allow him : And the prime stock, together with the other 
two thirds of the profits, shall be disposed of by the over- 
seers of the respective towns, to whom it belongs, either 
to the master towards his services, or for the support of 
the families of the persons there detained, if any such they 
have, or otherwise for the use of such tow r n, as occasion 
shall require. 

13. Any work house erected or provided as aforesaid;, 
may be discontinued or applied to any other use, when- 
ever the town or towns concerned, shall find their circum- 
stances require it, and shall agree thus to do. 

Provided nevertheless, That nothing herein contained, 
shall be understood to abridge the town of Boston, or the 
overseers of the poor thereof, of any privilege or power 
respecting a work house, granted unto them, by a law- 
passed in the year one thousand seven hundred and thir- 
ty five ; but the same law, entitled " An Act for employ- 
ing and providing for the poor of the town of Boston," and 
every clause thereof, is hereby established, ratified and 
confirmed. 

Provided also, That nothing herein contained shall be 
so -construed, as to abridge the town of Salem, or the over- 
seers of the poor thereof, of any privilege or power grant- 
ed unto them, by an act passed the twenty sixth day of 
January, one thousand seven hundred and seventy three, 
entitled " An act for employing and providing for the 
poor of the town of Salem, and for the better regulating 
the work house in said town ;" but the same and all other 
acts relative to work houses heretofore erected in any 
particular town, and every clause of such acts, are here- 
by established, ratified and confirmed. 

fPassed January 10, 1789.] 



38* TOWNS. 



$• Hospitals for inoculation of Small Fox, $%% 

Jin Act for providing Hospitals for Inoculation, and pre- 
venting Infection from the Small Pox, and for repealing 
several Acts heretofore made for that purpose. 

WHEREAS the laws heretofore made with in- 
tent to prevent the spreading of infection from the Small 
Pox, are insufficient, and other provision is necessary to 
be made : 

2. It shall be lawful for the inhabitants of any town or 
district, at any meeting legally warn-ed, eight days before 
holding the same, to agree upon, erect, establish, or ap- 
point such Hospital or Hospitals, for inoculation with the 
small pox, within the same town, as shall be thought pro- 
per, by the major part of the legal voters present at the 
same meeting : Provided however, That all such Hospi- 
tals shall be subject to such orders, regulations, and re- 
strictions as the selectmen of the town or district, or a 
committee of said town or district, appointed for that pur- 
pose, where such Hospital shall be, shall agree upon and 
establish for the safety of the people ; and the inhabitants 
of the same town or district, at a legal meeting, shall have 
power to discontinue such Hospital whenever they shall 
think proper : Provided hoivever, That no such Hospital 
shall be erected within one hundred rods of any dwelling 
house inhabited, situated in any adjacent town, without 
the consent of such adjoining town, in legal town meeting 
therefor, first had and obtained. 

3. Is (0 person shall inoculate any other person, or in- 
oculate himself or herself, or suffer himself or herself to 
be inoculated with the small pox, unless at some Hospital 
licensed and authorized according to this act, on pain that 
every person so offending, shall, for each offence, forfeit a 
sum not exceeding/or/;?/ pounds, to be recovered on in- 
dictment or presentment of the Grand Jury, at the Su- 
preme Judicial Court, or Court of General Sessions of the 
Peace, within the same county in which such offence 
shall have been committed; the one half of which forfei- 
ture shall be paid into the treasury of the county, and the 
other half into the treasury of the town in which such of- 
fence shall appear to have been done. 



TOWNS. S89 

4. Whenever any Hospital shall be so erected, cs'tab ■ 
Fished, or appointed, the physician, the persons inoculat- 
ed, or sick there, the nurses, attendants, and all persons 
who shall approach or come within the limits of the same ; 
and ail such property as shall be used or brought there, 
shall t>e subject to all such orders and regulations as shall 
be made by the selectmen, or a committee appointed for 
that purpose, to prevent spreading the infection. 

5. When the Small Pox shall unexpectedly breakout 
in any town or district, the Selectmen of the same, shall 
have power, and it shall be their duty immediately to pro- 
vide such Hospital or place of reception for the sick and 
infected as they shall judge best for their accommodation, 
and the safety of the inhabitants, and may give license for 
inoculating there all such persons as shall be supposed to 
have taken infection ; and such Hospitals and places of 
reception, shall be subject to the orders and regulations of 
t)\e Selectmen, in the same manner as is herein before pro- 
vided, respecting licensed Hospitals ; and the said Select- 
men shall cause such sick and infected persons to be re- 
moved to such Hospitals or places of reception, unless the 
condition of the sick person should not admit of removal 
without danger of life ; in which case, the house or place 
where the sick shall remain, shall be considered asan Hos- 
pital, to every purpose before mentioned, and all persons 
residing in, or in any way concerned with the same, shall 
be subject to the orders and regulations of the Selectmen 
of the town or district as before expressed and provided. 

6. In all the cases above mentioned, it shall be the duty 
of the Selectmen, to use all possible care to prevent the 
spreading of infection, and to give notice to travellers of 
infected places, by displaying red flags at proper distan- 
ces, and by all other means which in their judgment shall 
be most effectual for the common safety ; and in case anv 
Physician or other person within any of the Hospitals or 
places of reception above described, or who shall attend, 
approach, or be concerned with the same, shall violate or 
contravene any of the restrictions, orders or regulations 
of the same, made according to this Act, either in re- 
spect of himself, or his, or any other person's property, 
the person so offending, shall, for each offence, forfeit and 
pay a sum not exceeding thirty pounds, nor less than four 
pound*, to be recovered and paid in the sane manner as 



£9o TOWNS. 

is in this Act before provided, in case of offences com- 
mitted by inoculating, or being inoculated contrary to the 
form and effect of this Act. 

7. Whenever any householder shall know, that any per- 
son within his or her family, is taken sick of the Small 
Pox, such householder shall immediately give notice there- 
of to the Selectmen of the town or district of which such 
householder shall be an inhabitant or resident, on pain that 
every householder, who shall refuse or neglect to give 
such notice, shall forfeit and pay for such offence, a sum 
not exceeding thirty pounds, nor less than ten pounds, to 
be recovered in the same manner as is before provided for 
recovering the forfeitures mentioned in this Act, and to 
be appropriated and paid in the same manner. 
[Passed March 15, 1793/] 

An ad to diffuse the benefits of inoculation for the Com 

Pox, 

[1809, chap. 117.] 
IT shall be the duty of every town, district, and 
plantation within this commonwealth, wherein no board of 
health shall be established by law, at their annual meet- 
ings, in the months of March or April, annually, to 
choose, in the manner in which other town officers are by 
law chosen, three or more suitable persons, whose duty it 
shall be to superintend the inoculation of the inhabitants 
of such town, district or plantation, with the cow pox. 

Silct. 2. It shall and may be lawful for the inhabitants 
of any town, district or plantation, at any of their said an- 
nual meetings, to provide for the inoculation of the in- 
habitants of such town, district or plar^ation, with the 
cow pox, under the direction and control of said superin- 
tendants, or a board of health, where such board is estab- 
lished ; and to raise all necessary sums to defray the ex- 
penses of such inoculation, or such part thereof as they 
may deem proper, in the same way and manner that 
other town charges are by law defrayed. 

[This act passed March 6, 1810.] 



TOWNS. 291 



9. May make by daws to restrain cattle and horses. 

BY the law of 1800, chap. 61. towns may order 
and direct that neat cattle, horses, mules or asses, shall 
not goat largp. within the limits of such town, without a 
keeper, under a penalty uf fifty cents, (1817V chap. 143.) 
for each beast at any one time so found at large ; which 
penalties may be recovered, with costs, by any inhabitant 
of such town, to his own use, by impounding such beast, 
and proceeding therewith in manner as is provided in 
cases of cattle found damage feasants 

By the additional act of 1804, chap. 44. sect. 1. towns 
may order and direct that any particular description of 
neat cattle, or other commonable beasts, shall not go at 
large, within the limits of such town, without a keeper. 

Sect. 2. If any person shall turn out, or suffer such 
beasts so restrained as aforesaid, to go at large on the 
Lord's day, with or without a keeper, such person shall 
forfeit fifty cents for each beast so at large, to be recover- 
ed by action of debt by any inhabitant of such town, who 
will sue for the same, and for his sole use. And is made 
the duty of field-drivers to carry this into- effect. 

Sect. 3* The owners of such cattle are liable for all 
damages on the improved lands of any person, whether 
enclosed with a sufficient fence or not. 

The additional act of 1817, chap. 143. provides, That if 
any person shall rescue any creatures taken up for being 
at large, contrary to the foregoing act, out of the hand* of 
the field-driver, or from the custody and possession of any 
other person, about to convey or drive them to the pound, 
for being at large, shall forfeit not less than one dollar nor 
more than seven dollars, to be recovered by action of 
debt, to the use of the person from whom such rescue may 
be made. 

Towns are obliged to keep and maintain sufficient 
pounds under the penalty often pounds to the use of the 
county for a neglect for six months. 

10. Towns to provide for pauper &. 

THB law of 1821, chap. 94. sect. 2. provides, That 
any person of 21 years of age and upwards, being a citi- 



292 TREASURERS; 

zen of this, op any of the United States, ha .. 
tate of inheritance or freehold in any town, district, or 
city, within the Commonwealth, and" living on the same 
three years successively, shall thereby gain a settlement 
in the same, so as to entitle him or her to support therein> 
in case he or she becomes poor and stands in tfeed of re- 
lief. 

Se-ct, S. Support furnished any person, in any towiv 
other than in the one in which such person may have a 
legal settlement, the town in which such person has a le- 
gal settlement, shall not, in any case, be subjected to a 
greater expense than at the rate of one dollar per week, 
during the continuance of such supplies ; Provided, The 
town, in which such person has a legal settlement, shall 
cause such pauper to be removed within 30 days from the 
time of receiving legal notice, that such support has been 
furnished, 

The act of 1823, chap. £1. sect. 1. provides, that from 
and after June 1st, 1823, no male person over the age of 
12 years and under 60, while of competent health to la- 
bour shall be considered a State pauper and entitled to 
support as such, 

Sect, 2. Whenever the overseers of the poor in any 
town in this commonwealth, shall exhibit an account 
against the same for the support of paupers, they shall tes- 
tify, that no part of such account is for the support of anjj 
male person over 12 years and under GO years of age 
while of competent health to labour. 



TREASURERS. 

Sect* 6. IF the Constable or Collector of any tovvn, 
district, plantation, precinct or parish, within this Common- 
wealth, to whom any county, town, district, plantation, pre- 
cinct or parish rates or assessments shall have been commit- 
ted to collect, shall be remiss in his. duty, by neglecting to 
collect and pay in the same to the Treasurer or Receiver 
of such county, town, district, plantation, precinct or par- 
ish, by the time fixed in the warrant to him directed, such, 



TREASURERS. £93 

Treasurer or Receiver is hereby empowered to issue his 
warrant, returnable in ninety clays, under his hand and 
seal, directed to the Sheriff of the county, or his deputy 
(who are hereby respectively directed and empowered to 
execute the same) to cause such sum or sums of money 
as such Constable or Collector hath not paid in, to be lev- 
ied by distress and sale of his estate real or personal, re- 
turning the overplus, if any there be ; and for want of 
such estate, to take the body of such Constable or Col- 
lector, and him imprison until he pay the same; and the 
warrant shall be in substance as follows : 

ss. A. B. Treasurer of the of B. in the said county : 
(SEAL.) 

To the Sheriff of the county of or his Deputy, 

Greeting. 
WHEREAS C. D. of aforesaid [addition] on the 

day of being a of rates and taxes granted and 
agreed on by the aforesaid, had a list of assessments, 
duly made by the Assessors of the aforesaid, amount- 
ing to the sum of committed to him, with a warrant 
under their hands and seals, directing and empowering 
him to collect the several sums in the said assessment 
mentioned, and pay the same to the Treasurer of 
aforesaid, by the day of ; but the said C, D. hata 

been remiss in his duty, by law required, and hath neg- 
lected to collect the several sums aforesaid, and pay the 
same to the Treasurer of the aforesaid ; and there still 
remains due thereof the sum of and the said C. I), still 
neglects to pay the same : You are hereby, in the name of 
the Commonwealth of Massachusetts, required forthwith 
to levy the aforesaid sum of by distress and sale of 

the estate, real or personal, of the said C. D. and pay the 
same unto the Treasurer of the said returning the 

overplus, if any there be, to the said C. D. and for want 
of such estate 'to take the body of the said C. D. and him 
commit to the gaol in the county aforesaid, there to re- 
main until he has paid the sum of with Two Shil- 
lings for this warrant, together with your fees, or that he 
be otherwise therefrom discharged by order of law ; and 
make return of this warrant to myself or my successor, 
as treasurer of the said within ninety days from this 
time, with your doings therein. 



294 TREASURERS, 

Given under my hand and seal, this day of in 

the year of our Lord one thousand seven hundred and 

Sect. 7. All executions or warrants of distress, that 
have been, or may hereafter be issued by the treasurer 
an<l receiver-general, or by the treasurer of any county, 
town, district^ plantation, precinct or parish, against any 
cons' ah; e or collector, which hath been or may be hereaf- 
ter delivered to the sheriff* of any county within this Com- 
monwealth, or his deputy, such sheriff cr deputy shall 
make return of his doings thereon unto the treasurer who 
issued the same execution or warrant of distress, within 
a reasonable time after the return day, in the same men- 
tioned, with the money, if any, that he hath received and 
collected by virtue thereof; and where the same shall ne- 
cessarily be returned unsatisfied, or satisfied in part only, 
such treasurer may issue an alias for such sum as may 
remain due on the return of the first ; and so toties quo- 
ties ; which reasonable time after the return day shall be 
computed at the rate of forty-eight hours for every ten 
miles' distance, from the dwelling house of the sheriff or 
his deputy, to the place where the warrant may be returna- 
ble ; and any Sheriff or deputy sheriff, that shall make de- 
fault in accounting for, and paying in, the monies he may 
have collected and received of any deficient constable or 
collector, by execution or warrant of distress as aforesaid, 
or in making return of his doings within reasonable time 
as- aforesaid, shall be liable to pay the - w hole sum in such 
execution or warrant of distress mentioned; and the 
treasurer and receiver-general of this Commonwealth, and 
the treasurers of the counties, towns, districts, precincts 
and -parishes respectively, are hereby authorized and em- 
powered to make out their w'arrantsVespectiveiy, directed 
to the coroner of such county, where any sheriff or his de- 
puty is deficient as aforesaid, requiring them respectively 
as aforesaid, to distrain for the same, upon the estate, real 
or personal, of such deficient sheriff or his deputy, as is 
before directed herein, with respect to the sheriff or his 
deputy making distress upon the estate of deficient con- 
stables or collectors ; which warrant, the coroner of any 
county respectively is hereby empowered and required to 

execute. 

S*:ct. 8. When any execution or warrant of distress 
issued by the treasurer of the state, or treasurer of any 



6 



treasurers: &s 

emmty, town, district, plantation, precinct or parish, to 
the sheriff or his deputy, or to the coroner, shall be levied 
on the lands, tenements, or hereditaments of any deficient 
constable, Sheriff or deputy, in every such case, the officer 
executing such warrant of distress, shall make sale there- 
of at public vendue, to the highest bidder, and execute a 
good deed or deeds of bargain and sale thereof, to the pur- 
chaser, having first given notice of the time and place of 
sale, by posting up advertisements, at least fourteen days 
previous thereto, in two or more public places in the town 
or place where such lands or tenements lie, as also in the 
two adjacent towns ; and all deeds and conveyances of 
any such lands or tenements duly executed as aforesaid, 
shall be good and effectual in law unto the purchaser, his 
heirs and assigns forever, to all intents and purposes, as 
though executed by the deficient constable, sheriff ordepu- 
ty ; and in case the produce of such lands and tenements 
shall not satisfy the sum or sums, mentioned in the said 
warrant or warrants of distress, together with reasonable 
charges arising thereon, then the treasurer issuing such 
warrant, shall issue an alias execution or warrant of dis- 
tress for such remaining sum or sums, and the officer exe- 
cuting the same, for want of estate, shall take the body of 
such deficient constable, collector or deputy sheriff, and 
him commit unto the common gaol of the county where- 
to he belongs, until he shall pay the same/ 

Sect. 9. Provided always, That in no case whatever, 
any distress shall be made or taken from any person, of 
his arms or household utensils, necessary for upholding 
life ; "nor of tools or implements necessary for his trade or 
occupation, beasts of the plough necessary for the cultiva- 
tion of his improved land ; nor of bedding or apparel nec- 
essary for him and his family ; any law, usage, or custom 
to the contrary notwithstanding. 

The Treasurer of towns, parishes and. other corpora- 
tions, for the time bein£, be, and hereby are authorized and 
empowered, in their own names and capacities, respec- 
tively, to commence and prosecute to final judgment and 
execution, any suit or suits at Law, upon any bonds, notes 
or other securities, which have been or shall be given to 
them or their predecessors in said capacity; and to pros- 
ecute to final judgment and execution any suits which 
h^ve been or shall be commenced by their said predecessors, 



296 TYTHINGMEN. 

In said capacity, during their continuance in office, and 
pending at the time of their removal therefrom. 
[Passed June 22, 1797.] 

Sect. 4. When any trespasses shall be committed on 
any buildings or inclosures belonging to any county, 
town or parish, the county, town and parish Treasurer, 
for the time being, shall be and hereby are severally au- 
thorized to sue for the damage done to the public build- 
ings or inclosures of their county, town or parish, respec- 
tively; and where any public buildings are owned partly 
by the town and partly by the county, in that case, the 
county or town Treasurer, whoever may first institute- an 
action, may prosecute for damages thus sustained. 

Provided nevertheless. That nothing in this Act shall 
prohibit any^ Surveyor of highways moving any incum- 
brances in any public way, nor be construed to prevent 
any prosecution for theft, where a theft is committed. 
[This Act passed November 23, 1785.] 

THE statute of 1799, chap. 60. makes it the duty 
of treasurers of towns, to procure, and preserve town and 
district standards of weights and measures. See title- 
Weights andf Measures. 



TYTHINGMEN- 

Sn Act providing for the due Observation of the Lord's 
Day, and repealing the several Laws heretofore made 
for that purpose. 

WHEREAS the observance of the Lord's day, is 
highly promotive of the welfare of a community, by af- 
fording necessary seasons for relaxation, from labour and 
the cares of business ; for moral reflections and conver- 
sation on the duties of life, and the frequent errors of hu- 
man conduct ; for public and private worship of the Mak- 
er, Governor and Judge of the World; and for those acts 
of charity, which support and adorn a Christian Society : 
And whereas some' thoughtless and irreligious persons* 
inattentive to the duties and benefits of the Lord's Day, 



TYTHINGMEN. £9? 

profane the same, by unnecessarily pursuing their world- 
ly business anil recreations on that day, to their own 
great damage, as members of a Christian Society ; to the 
great disturbance of well disposed persons, asd^to the 
great damage of the com^stty, by producing dissipation 
of manners" and immoralities of life : 

1. No person or persons whatsoever, shall keep open 
his, her or th#w shop, warehouse or work house, nor shall, 
upon land or water, do any" manner of labour, business or 
work, (works of necessity and charity only excepted) nor 
be present at any concert of music, dancing, or any public 
diversion, shew or entertainment, nor use any sport, 
game, play, or recreation on t\\Q Lord's day, or any part 
thereof, upon penalty of a sum, not exceeding six dollars 
and sixty six cents nor less than four dollars, for every 
offence. 

2. No traveller, drover, waggoner, teamster, or any of 
their servants, shall travel on the Lord's day, or any part 
thereof (except from necessity or charity) upon the pen- 
alty of a sum, not exceeding six dollars and sixty six cents 
nor less than four dollars. 

3. No vintner, retailer of strong liquors, innholder, or 
other person keeping a house of public entertainment, 
shall entertain or suffer any of the inhabitants of the re- 
spective towns where they dwell, or others, not being trav- 
ellers, strangers, or lodgers in such houses, to- abide and 
remain in their houses, yards, orchards or fields, drinking 
or spending their time, either idly or at play, or doing any 
secular business on the Lord's day, or any part thereof, 
on penalty of three dollars and thirty three cents, payable 
by such vintner, retailer, or innholder, or person keeping 
such house of entertainment, for each person so entertain- 
ed or suffered ; and every person so drinking or abiding 
(except as aforesaid) shall pay a fine not exceeding four 
dollars nor less than two dollars ; and every such licens- 
ed person, upon any conviction after the first, shall pay a 
fine of six dollars and sixty six cents, and having been 
three times convicted, shall be debarred from renewing 
his license for ever after. 

And although it is the sense of this Court, that the time 
commanded in the sacred scriptures, to be observed as ho- 
ly time, includes a natural day, or twenty four hours ; 
yet whereas there is a difference of opinion concerning 
the beginning and ending of the Lord's day, among the 



£98 TYTHINGMEN. 

good people of this Commonwealth, and this Court being 
unwilling to lay any restrictions which may seem unnec- 
essary or unreasonable to persons of sobriety and con- 
science r 

4. All the foregoing regulations, respecting the due ob- 
servation of the Lord's day, shall be construed to extend 
to the time included, between the midnight preceding 
and the sun setting of the same day. 

5. No person shall be present at any concert of music, 
dancing, or other public diversion, nor shall any persons, 
use any game, sport, play or recreation, on the land or 
water, on the evening next preceding or succeeding the 
Lord's day, on pain of three dollars and thirty three cents, 
for each offence ; and no retailer, innholder, or person 
licensed to keep a public house, shall entertain, or suffer 
to remain, or be in their houses or yards, or other places 
appurtenant, any person or persons (travellers, strangers 
or lodgers excepted) drinking or spending their time on 
the said evenings, on penalty of three dollars and thirty 
three cents, for each offence. 

And whereas the public worship of Almighty God, is 
esteemed by christians an essential part of the due obser- 
vance of the Lord's day, and requires the greatest decen- 
cy and reverence for a due performance of the same : 

(f. Any person, being able of body and not otherwise 
necessarily prevented, who shall, for the space of three 
months together, absent him or herself, from the public 
worship of God, on the Lord's day (provided there be any 
place of worship, at which he or she can conscientiously 
and conveniently attend) shall pay a fine of ten shillings. 

7. If any person shall on the Lord's day, within the 
walls of any house of public worship, behave rudely or in- 
decently, he or she shall pay a fine not more than forty 
shillings, nor less than Jive shillings. 

8. If any person or persons, either on the Lord's day, 
or at any other time, shall wilfully interrupt or disturb 
any assembly of people met for the public worship of God, 
within the place of their assembling, or out of it, he or 
they shall severally pay a fine not exceeding ten pounds 
nor less than twenty shillings. 

9. No person shall serve or execute any civil process, 
from midnight preceding to midnight following the Lord's 
day ; but the service thereof shall be void, and the person 
serving the same shall be as liable to answer damages to 



TYTHINGMEN, 29 a 

the party aggrieved, as if he had done the same, without 
^ny such civil process. 

10. The Tythingmen chosen, or which shall be chosen 
in the several towns and districts, within this Common- 
wealth, shall be held and obliged to inquire into, and in- 
form of all offences against this act ; and all such Tyth- 
ingmen as shall be hereafter chosen, shall take the follow- 
ing oath : 

YOU, being chosen a Tythingman, for the town of 

, tor the year ensuing, and until another shall 
be chosen in your room, do solemnly swear, that you 
will diligently attend to, and faithfully execute the 
duties of the sa!d office, without partiality, and ac- 

^ i ;L to s. rbestdiscretion -» j«*k* & 

And every such Tythingman is hereby authorized and 
empowered, to enter ,nto any of the rooms and other parts 
of an inn or public house of entertainment, on the Lord's 
day and the evening preceding and succeeding; and if 
such entrance shall be refused to any Tythinfinan the 
landlord or hcensed person, shall forfeit the sumTforlu 
shillings, for each and every offence. And the said Tvtt 
mgmen are hereby furthe'r authorized an I empowered 
withm their respective towns, to examine alliens 
whom they shall have good cause, from the circumstances 
thereof, to suspect of unnecessarily travelling aTafore 
sa,d, on the Lord's day, and to demand of alf such 1 

ces ot abode, and if any person shall refuse to aive a „ 
swer, or shall give a false answer to such demand he shali 

Sffi beTal Lt/SZJ^M Lant WP* 
ter icotnplaint again/the ^^S^^f^j?; 
tice of the Peace in the county where the oft^! • 
fitted, if such person lives in IZl , co„ ty, ttTrl I 32 
give information thereof, to some Grand w!™ u !l 

him laid befor, the Gra'nd Zy, ^"the rTonside^^ 
and presentment, consideration 



^tRjg&T* 1 ***?* ^—increased b y th. 



S'0& TYTIIINGMEN. 

11. The oath of any Tythingman shall be deemed full 
and sufficient evidence, in any trial for any offence against 
this act, unless, in the judgment of the court or Justice, 
the same shall be invalidated by other evidence that may 
be produced. 

12. The special authority given by this act to Ty thing- 
men, for preventing the breaches thereof, shall not be con- 
strued or understood to exempt any sheriff, Grand Jurors, 
constables or other officers or persons whatsoever, from 
any obligation or duty, to cause this act to be put in exe- 
cution, but they shall be held to take due notice and pro- 
secute all breaches thereof, such special authority notwith- 
standing. 

13. AH the penalties and fines, incurred and paid for 
any of the offences aforesaid, shall be for the use of the 
Commonwealth : And that all said offences, the penalties 
against which exceed forty shillings, shall be prosecuted 
by presentment of the Grand Jury, before the Court of 
Common Pleas, in the county wherein the offence may be 
committed : But all offences, the penalty whereof does 
not exceed forty shillings (except the offender lives out 
of the county in which the offence may be committed) 
shall be prosecuted by complaint before a Justice of the 
Peace in such county : But when the offender lives out of 
such county, he may be prosecuted by presentment as 
aforesaid, although the penalty does not exceed forty 
shillings* 

[Passed March 8, 1792.] 



t Ql 



THE slat, of 1796, chap. S9, sect. 2. appropriates 
the fines in the first, second, third and fifth clauses, one 
moiety to the town wherein the offence shall be committed, 
and the other moiety to any person or persons who shall 
sue for the same ; \o be recovered by a complaint to a 
Justice of the Peace, with costs of suit, or by presentment 
to the grand jury ; and when thus recovered, stall enure 
to the town wherein the offence shall be committed : But 
by the stat. of 1815, chap. 155, the fine in the second sec- 
tion one moiety is given to the county and the other moie- 
ty to the complainant. And all prosecutions to be com- 
menced within six months after the offence was committed, 
unless the offender in this last case resides without the| 
Commonwealth. 

hfc -0-IS8 






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